Tilson

Memorandum re Defendant Whitney Til-son’s (1) Special Motion to Strike Complaint Under California Code of Civil Procedure § 4.25.16; and (2) Motion to Dismiss

Defendant Whitney Tilson (“Tilson”) seeks an order striking Plaintiffs Troy Group, Inc.’s (“Troy”), Patrick J. Dirk’s and Brian P. Dirk’s (collective!y, “Troy Parties”) Complaint under California Code of Civil Procedure § 425.16 (“Section 425.16” or “anti-SLAPP statute”). Tilson brings this motion on the grounds that the Troy Parties’ claim against Tilson arises from an act by him “in furtherance of [his] right of petition or free speech under the United States or California Constitution in connection with a public issue” and that the Troy Parties cannot establish a probability that they will prevail on their Complaint. The Court grants the motion.

Tilson also moves this Court for an order dismissing the Troy Parties’ Complaint, without leave to amend, pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). This motion is moot in light of the Court’s disposition of Tilson’s Special Motion to Strike.

I. Background

This action arises out of an email that Tilson sent on September 8, 2004 (“September 8 email”) to John…