Allen

I. INTRODUCTION

Defendant, City of Burbank, appeals from a May 8, 2013 order denying its special motion to strike the complaint of plaintiff, Pete Allen, under Code of Civil Procedure1 section 425.16. Defendant argues: plaintiff’s causes of action for violations of Government Code section 8547.1 and Labor Code section 1102.5, subdivision (b) arise from its exercise of free speech or petitioning rights under section 425.16, subdivision (e); it presented undisputed evidence showing plaintiff was terminated because he lied during an internal affairs investigation, which is an official proceeding authorized by law; a termination arising from an internal affairs investigation is part of an official proceeding; and plaintiff did not meet his burden of establishing a probability that he will prevail on the merits of his claims. We conclude the challenged conduct is enumerated in section 425.16, subdivision (e). In addition, plaintiff has not shown a probability of prevailing on the merits. Thus, the order denying the special motion to strike must be reversed. Upon remittitur issuance, defendant may recover its attorney fees and costs incurred in the trial court and on appeal in…