Moore

Respondents are Alicia Moore and her counsel, Ropers, Majeski, Kohn & Bentley. Moore, through her counsel, sent a notice to appellant CKE Restaurants, Inc. (CKE), stating that some of their food products contained a cancer-causing chemical, naphthalene, requiring CKE to warn consumers. CKE brought a declaratory relief action against respondents requesting a determination of whether CKE’s food products complied with Proposition 65. Respondents filed a special motion to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. They contended that the declaratory relief action was an attempt to abridge their right of free speech.

The filing of a Proposition 65 notice is a protected activity. Because CKE was unable to meet its burden to show a probability of prevailing on its declaratory relief action, the trial court granted respondents’ motion and issued a judgment in their favor. We affirm.

FACTS

Safe Drinking Water and Toxic Enforcement Act

The underlying action arose from an alleged violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), codified in…