Annette F. v. Sharon S.

This case is a spin-off of the highly publicized and controversial litigation over the validity of “second-parent” adoptions in Sharon S. v. Superior Court (2003) 31 Cal.4th 417 [ 2 Cal.Rptr.3d 699 , 73 P.3d 554 ], In this matter, Sharon S. (Sharon) appeals from an order denying her special motion to strike a libel complaint filed against her by her former partner in a lesbian relationship, Annette F. (Annette). We conclude that Annette’s complaint arises from protected speech activity by Sharon within the scope of the anti-SLAPP statute, and that Annette has failed to establish a probability of prevailing on her libel claim against Sharon. (Code Civ. Proc., § 425.16, subds. (b)(1), (e).) Accordingly, we reverse the order denying Sharon’s special motion to strike the complaint and remand with directions to grant the motion and enter judgment in Sharon’s favor.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Relationship Between Sharon and Annette

Sharon and Annette met at Harvard Business School and began dating in 1989. They were in a committed relationship from 1989 through mid-2000. After graduating from business school, they moved to San Diego in 1990. Their relationship…