Moore

Defendants and appellants Nancy A. Shaw (Nancy Shaw) and Reay and Shaw (collectively, Nancy Shaw) appeal an order denying their anti-SLAPP motion wherein they sought to strike the first amended petition of plaintiff and appellant Kenton E. Moore (Kenton) requesting an order directing Nancy Shaw to pay damages. (Code Civ. Proc., § 425.16.)

Kenton cross-appeals the order insofar as it denied his request for attorney fees.

The issues presented include whether Kenton’s action was subject to an anti-SLAPP motion, and if so, whether Kenton met his burden of establishing a probability of prevailing in the litigation.

We conclude Nancy Shaw did not meet her threshold burden, as the moving defendant, of establishing the challenged causes of action arose from protected activity. Accordingly, the denial of the anti-SLAPP motion is affirmed.

However, the order is reversed insofar as it denied Kenton’s request for attorney fees which he incurred in opposing the anti-SLAPP motion. Not only did Nancy Shaw fail to meet her threshold burden of establishing the challenged causes of action arose from protected activity, but any reasonable attorney would agree the instant anti-SLAPP…