Flannery

Plaintiff and respondent Southern California Gas Company (SCGC) filed a complaint in interpleader against defendant and appellant Patrick Flannery and his former attorney. SCGC filed a motion for discharge from the interpleader action and an award of attorney fees under Code of Civil Procedure section 386.6 (the Discharge Motion) and Flannery filed a special motion to strike under section 425.16 (the Anti-SLAPP Motion). The court granted the Discharge Motion and denied the Anti-SLAPP Motion. Flannery appeals both orders.

Flannery contends the court erroneously concluded (1) section 425.16 (the anti-SLAPP statute) does not apply to interpleader complaints, (2) the interpleader complaint did not arise from protected activity, and (3) SCGC demonstrated a probability of prevailing on its interpleader complaint. We affirm the court’s order denying Flannery’s Anti-SLAPP Motion on the grounds that SCGC met its burden of showing a probability it would prevail on the merits of its interpleader action.

Flannery also contends the court erroneously granted SCGC’s Discharge Motion because (1) his due process rights were violated, (2) there is no statutory basis for the Discharge…