Pickford Realty v. Ocean Towers Housing Corp. CA2/7

DISCUSSION

I. Standard of Review

OTHC argues that the trial court erred when it concluded that the cross-complaint was untimely and that it was not subject to an anti-SLAPP special motion to strike. We review the ruling de novo. (Kurz v. Syrus Systems (2013) 221 Cal.App.4th 748, 758.) Section 425.16 provides that “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (§ 425.16. subd. (b)(1).) For purposes of the anti-SLAPP statute, an “‘act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with a public issue’ includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in…