Ochoa

Richard Ochoa (Ochoa) appeals from an order denying his special motion to strike plaintiffs’ complaint under Code of Civil Procedure section 425.16. He contends that free speech activities in protest of an adult strip theater at plaintiffs’ minimall are protected by the California Constitution’s free speech clause, which allows access to privately owned commercial facilities open to the public for purposes of expressive activity (Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ]). Furthermore, he argues that because the standards for obtaining an injunction and prevailing on an anti-SLAPP motion are distinct, the trial court’s entry of an injunction against him confining his activities to a public sidewalk cannot be the basis of the denial of his motion to strike.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

We recite the relevant facts. Plaintiff Slauson Partnership (Slauson) is the owner of a minimall in Pico Rivera (Mall). In January 2002, Slauson leased a portion of the premises to LeRoy Smith, Glenn Smith, and SGRL Investments, Inc. (collectively Smith). Smith opened a club offering nude entertainment known as Imperial…