Smith v. Elliot CA1/5

Filed 1/30/15 Smith v. Elliot CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

STEVE SMITH et al., Plaintiffs and Appellants,

A139488

v. JAMES MARSHALL ELLIOT et al., (San Mateo County Super. Ct. No. CIV 520542) Defendants and Respondents.

Steve and Anna Smith filed a tort action against James Marshall Elliot and Café Real Estate,1 alleging they had been injured by false complaints Elliot made to various government agencies about the Smiths and their business, Smith Trucks and Equipment (Smith Trucks). Defendants filed a special motion to strike under Code of Civil Procedure section 425.16, contending the Smiths’ complaint arose out of Elliot’s acts in furtherance of his right of petition or free speech. The Smiths opposed the motion based upon a single…