Weinberg

Plaintiff Alan V. Weinberg brought this action against defendant Duane H. Feisel for libel, slander, and intentional infliction of emotional distress after defendant told others that plaintiff had stolen a valuable collector’s item from him. Defendant appeals from the trial court’s order denying his special motion, made pursuant to the so-called anti-SLAPP statute (Code Civil Proc., § 425.16), to strike the causes of action against him. (Further section references are to the Code of Civil Procedure unless otherwise specified.)

The Legislature enacted the anti-SLAPP statute when it perceived “a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (§ 425.16, subd. (a).) Under the statute, a cause of action “that arises from protected speech or petitioning and lacks even minimal merit” should be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 89 [ 124 Cal.Rptr.2d 530 , 52 P.3d 703 ].) Defendant contends this is such a case.

Two of the categories of conduct to which the anti-SLAPP statute applies are “any written or oral statement or writing made in…