Jewett

Appellant Beverly Jewett appeals from an order of the trial court granting a special motion to strike under Code of Civil Procedure section 425.16 in favor of respondents Capital One Bank and Capital One, F.S.B. We are asked to determine whether credit card solicitations are acts of free speech in connection with a public issue, and therefore subject to the anti-SLAPP (strategic lawsuit against public participation) provisions of section 425.16. We hold that they are not and reverse the order of the trial court granting the special motion to strike.

CONTENTIONS

Appellant contends that the trial court erred (1) in finding that credit card solicitations constitute speech in connection with an issue of public interest; (2) in finding as a matter of law that the solicitations were not misleading; (3) in finding that appellant had not met her burden of establishing the merits of the complaint under section 425.16; and (4) by abusing its discretion in permitting respondents to bring an untimely motion to strike.

FACTS AND PROCEDURAL HISTORY

The complaint

On July 6, 2001, appellant and Jim Moana filed a class action complaint against Capital One Bank; Capital One, F.S.B.;…