Vergos

Plaintiff Randy Vergos, who alleges he was sexually harassed in his employment at the University of California at Davis (UCD), filed a civil rights claim against the manager who denied his administrative grievances—defendant Julie McNeal (acting director of UCD’s facilities services department ). McNeal appeals from the trial court’s order denying her motion to strike plaintiff’s third cause of action (alleging violation of civil rights) as a “strategic lawsuit against public participation” (SLAPP) under Code of Civil Procedure section 425.16. McNeal contends her statements and conduct as a hearing officer denying plaintiff’s grievances are protected by the anti-SLAPP statute. We agree and shall reverse the order and remand to the trial court to determine an award of attorney’s fees for McNeal.

FACTUAL AND PROCEDURAL BACKGROUND

On September 19, 2002, plaintiff filed a complaint against McNeal, Allen Tollefson, and the Regents of the University of California (the Regents). Tollefson and the Regents are not parties to this appeal. The operative first amended complaint (filed Oct. 17, 2002) alleged (1) sexual harassment, as against all defendants, (2) negligent hiring,…