Nunez

INTRODUCTION

Attorneys for a consumer served on a company a notice required for damages under the Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys moved to strike the complaint under Code of Civil Procedure section 425.16 (anti-SLAPP statute), which motions the trial court granted. In affirming, we hold that the declaratory relief action is subject to the anti-SLAPP statute as it arose out of protected activity provided by that statute, and that the trial court properly granted the special motions to strike because the company’s declaratory relief action had no probability of success. In this connection, we hold that under the reasoning of Filarsky v. Superior Court (2002) 28 Cal.4th 419 [ 121 Cal.Rptr.2d 844 , 49 P.3d 194 ] (Filarsky), a potential defendant in a CLRA damages action after receiving the statutory notice may not maintain a declaratory relief action to establish that there was no violation of…