Booker

Karl Rountree appeals from an order that denied his special motion to strike an abuse of process cross-complaint by Darryl Booker and Nancy Booker (Booker). Rountree argues the cross-complaint arose out of conduct protected under the anti-SLAPP (strategic lawsuit against public participation) statute, and Booker failed to show a probability of success on the merits. We conclude the motion was properly denied, and so affirm.

Booker’s cross-complaint arises out of two actions against him, one by Rountree and another by David Gunther. Rountree, who uses a wheelchair, alleged that he visited a restaurant located on property owned by Booker on September 2, 2005. There was no parking space set aside for disabled patrons, and the counter was too high to be reached from a wheelchair. Rountree alleged each defect was a violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and he sought treble damages for each violation, along with attorney fees. Rountree’s action was filed on September 26, 2005, but not served until December 12, 2005.

In the interim, David Gunther brought an identical action against Booker, represented by the same attorney (Morse Mehrban). Gunther,…