Steen

INTRODUCTION

Defendants Raymond Chudy and the Monterey Peninsula Unified School District (hereafter referenced collectively as “Chudy”) appeal an order denying their special motion to strike a complaint under Code of Civil Procedure section 425.16.1 Chudy contends that the court erred in denying the motion, as the causes of action alleged in a complaint filed by plaintiffs Elijah Steen and his guardian ad litem Monia Diane Williams (hereafter referenced collectively as “Steen”) arose from activity protected under section 425.16. However, because the gravamen of the complaint is damages arising out of bodily injury, and thus, as we explain below, not a protected category of conduct, we will affirm the order.

1 All further statutory references are to the Code of Civil Procedure, unless otherwise indicated.

FACTUAL AND PROCEDURAL BACKGROUND

On January 18, 2013, Steen filed a complaint, alleging a violation of the Ralph Act (Civ. Code, § 51.7), a violation of the Bane Act (Civ. Code, § 52.1), assault, battery, intentional infliction of emotional distress, and negligence. The causes of action were based on disciplinary actions that Chudy took against Steen on February 23, 2012. On…