Blackburn

David A. Blackburn sued Michael Brady for partition, accounting and fraud. After the trial court overruled Brady’s demurrer to the complaint, he moved to strike the lawsuit under the antiSLAPP (strategic lawsuits against public participation) statute (Code Civ. Proc., § 425.16). The court denied the motion, finding the statute was inapplicable and, even if it were applicable, Blackburn had established a probability of prevailing on the merits of each cause of action. Brady appeals the trial court’s ruling only with regard to the fraud cause of action. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Blackburn’s complaint filed December 27, 2002, alleges he acquired ownership of a one-half interest of real property located in San Diego county (the subject property) as the result of a public auction held on November 19, 2002, in partial satisfaction of a money judgment against Craig S. Lanser, who had previously owned the subject real property as a tenant in common with Brady. On May 25, 2000, Blackburn obtained a money judgment against Craig S. Lanser, who owned certain real property located in the Ocean Beach area of San Diego, California, which included four separate…