Decker

BACKGROUND

Decker settled his charge of employment discrimination with Vestra. Under the settlement agreement, Decker received $7,000. The agreement also contained an attorney fee provision that provides: “If any action at law or in equity, or any motion, is brought to enforce, interpret or rescind this Agreement, the prevailing party shall be entitled to all of its costs in bringing and prosecuting said action or motion, including reasonable attorney’s fees.” Decker brought an action against Vestra to rescind the settlement agreement, also claiming religious discrimination and wrongful termination with respect to his previous employment there. His additional claims were dependent on his successfully rescinding the settlement agreement. The cause of action for rescission (and thus the entire complaint) was based on a letter Vestra’s counsel, Benjamin Kennedy, had sent Decker during negotiation of the settlement. Decker alleged that the letter had caused him to sign the settlement agreement under duress or undue influence. In response, Vestra brought a special motion to strike Decker’s complaint pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute).1 The…