Neville

Law Offices of Paul Ottosi and Paul Ottosi for Cross-Complainant and Appellant.

Julia S. Swanson, Los Angeles, for Cross-Defendant and Respondent.

MOSK, J.

This is an appeal from an order granting a special motion to strike under the anti-SLAPP statute. (Code Civ. Proc, § 425.16.) [1] An employer fired one of its employees amid allegations that the employee had misappropriated customer lists and solicited his employer's customers to start a competing business. Several months before litigation was commenced by the employer against its former employee, the employer's attorney drafted a letter to the employer's customers that accused the employee of breach of contract and misappropriation of trade secrets, and that "suggest[ed]" to the customers that, to avoid potential involvement in any ensuing litigation "as a material witness, or otherwise," the customers should not do business with the former employee. The employee commenced a defamation action [2] against the former employer. We hold that, in the circumstances of this case, the lawyer's letter to the customers was a "writing made in connection with an issue under consideration or review by a ... judicial body" (§ 425.16,…