Evans

I. Introduction

In this case we hold that declarations on a special motion to strike a SLAPP suit (strategic lawsuit against public participation) (Code Civ. Proc., § 425.16) may not include averments on information and belief. We affirm a judgment dismissing a defamation action by A. Peter Evans against 10 individual defendants for failure to establish a probability he would prevail. (Code Civ. Proc., § 425.16, subd. (b).)

II. Background

Evans was a member of the Board of Directors of the East Palo Alto Sanitary District. On November 4, 1993, the defendants signed a notice of intention to circulate a petition to recall him. (Elec. Code, § 27020 et seq.)

The notice stated the following “reasons for the proposed recall” (Elec. Code, § 27020, subd. (b)): “Spent over $8,000.00 on a party, but less than $6,700.00 on pipeline repair. [<][] Hired friends as party consultants, costing taxpayers $3,000.00. [*][] Went to Palm Springs, overspent $4,200.00 travel budget. Refused to repay the unauthorized funds. Ffl] Spent $6,000.00 for an ornamental fireplace, yet refused to spend less than $1,500.00 testing for toxic chemicals. High levels of arsenic were later discovered. FJQ…