Seltzer

Defendant Michael A. Barnes (appellant) appeals an order denying his special motion to strike the complaint filed by plaintiff Margaret A. Seltzer (respondent) pursuant to the anti-SLAPP statute (Code Civ. Proc., § 425.16). Appellant contends the trial court erred in concluding respondent’s two causes of action against him do not arise from speech or petitioning activity, where his alleged conduct was the negotiation of a settlement agreement in a prior case. We agree. Moreover, because appellant may not be held liable for the alleged conduct under the litigation privilege (Civ. Code, § 47, subd. (b)), respondent has failed to demonstrate a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress. We reverse the trial court’s order and remand with directions to the trial court to grant appellant’s section 425.16 motion to strike.

FACTUAL AND PROCEDURAL BACKGROUND

Respondent, an attorney, owns a condominium unit located in a Marin City condominium development known as “The Headlands View Homes.” The development is managed by The Headlands Homeowners Association (Association), and a management company hired by the…