Garretson

1. Introduction

Plaintiff and respondent Robert A. Garretson (plaintiff) brought this action in connection with his purchase of two pieces of real property in Big Bear from defendant and appellant Deborah Post (defendant). When plaintiff defaulted on a $125,000 promissory note secured by a deed of trust on one of the two properties, defendant initiated nonjudicial foreclosure proceedings. After plaintiff paid the amount defendant demanded in order to avoid foreclosure, plaintiff brought the instant action, asserting seven causes of action, including a wrongful foreclosure cause of action.

In response, defendant filed a special motion to strike the wrongful foreclosure cause of action under Code of Civil Procedure section 425.16, commonly referred to as the anti-SLAPP statute (strategic lawsuit against public participation). The trial court denied defendant’s anti-SLAPP motion, concluding nonjudicial foreclosure does not involve constitutional rights or free speech. Rather, it concerns a commercial transaction which is not protected activity under the anti-SLAPP statute.

Defendant appeals the trial court’s order denying her anti-SLAPP motion to strike. She contends…