Gotterba

Here we hold that a declaratory relief action filed in response to an attorney’s letters threatening litigation over a contract dispute does not come within the provisions of a strategic lawsuit against public participation (SLAPP). (Code Civ. Proc., § 425.16.)

John Travolta, Atlo, Inc., a Delaware corporation, Constellation Productions, Inc., a California corporation, and Constellation Productions, Inc., a Florida corporation, appeal the trial court’s order denying their motion to strike the first amended complaint for declaratory relief filed by Douglas Gotterba. We conclude that the trial court properly denied the motion to strike the complaint as a SLAPP, and affirm.

FACTS AND PROCEDURAL HISTORY

Between 1981 and 1987, Atlo employed Gotterba as an airplane pilot. In early 1987, Gotterba voluntarily left his employment with Atlo. The parties entered into a written termination agreement concerning employment matters such as updating and turnover of airplane logbooks, return of employer credit cards, discontinuation of telephone service, and cessation of medical insurance.

Gotterba asserts that a three-page termination agreement dated March 17, 1987, is the…