ComputerXpress, Inc. v. Jackson

Defendants appeal the denial of their motion, pursuant to Code of Civil Procedure section 425.16 (section 425.16), to strike the complaint of ComputerXpress, Inc. (ComputerXpress) as a “SLAPP” suit (strategic lawsuit against public participation). The trial court determined that none of ComputerXpress’s claims was subject to section 425.16. Therefore, it did not require ComputerXpress to establish a probability of prevailing on its claims.

We agree that some of ComputerXpress’s claims were not subject to section 425.16 and affirm the denial of the motion to strike those claims. However, we conclude that some of the claims were subject to section 425.16. We further conclude ComputerXpress did not show a probability of prevailing on those claims and reverse the denial of the motion to strike those claims. Finally, we conclude defendants are entitled to recover attorney fees and costs incurred in moving to strike the claims subject to section 425.16.

I

Procedural Background

The complaint, filed in March 2000, alleged: ComputerXpress is a public company selling computer-related products to the public. In February 1999, when ComputerXpress was considering a merger with…