Zucchet

Michael Dean Galardi appeals from the trial court’s order denying his special motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16) in a malicious prosecution action brought against him by Michael Zucchet. As we will explain, we conclude that the trial court erred in denying the special motion to strike, and we therefore reverse and remand with directions.

I

FACTUAL AND PROCEDURAL BACKGROUND

Galardi owned several strip clubs in Las Vegas and one in San Diego. In 2000, the San Diego City Council enacted a “no-touch” ordinance, which banned touching between exotic dancers and patrons in strip clubs. Galardi hired Lance Malone as a lobbyist to try to obtain repeal of the no-touch ordinance.

Malone’s lobbying activities included meeting with and making campaign contributions to members of the San Diego City Council (city council), including Zucchet, who was elected to the city council in November 2002.

In 2001, Malone made campaign contributions to city councilmember Ralph Inzunza (with money traceable to Galardi), and Malone and Inzunza thereafter discussed a strategy to repeal the no-touch ordinance.

As part of Inzunza’s and Malone’s plan to repeal…