Gwendolyn Smith v. Paul Payne

MEMORANDUM

Gwendolyn Smith appeals pro se from the district court’s judgment dismissing her diversity action under California’s anti-Strategic Litigation Against Public Policy (“anti-SLAPP”) statute. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of a motion to strike pursuant to California’s anti-SLAPP statute. Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1102 (9th Cir. 2003). We affirm.

The district court properly granted defendants’ special motion to strike the state law claims under California’s anti-SLAPP statute, because Smith’s claims were based on protected activity and Smith failed to show a probability of prevailing on the merits because the action was precluded by the doctrine of res judicata. See Cal. Civ.Proc.Code § 425.16(e); Doe v. Gangland Prods., Inc., 730 F.3d 946, 953-54 (9th Cir.2013) (under California law, “pre-publication or pre-production acts such as investigating, newsgathering, and conducting interviews constitute conduct that furthers the right of free speech” and “defendants may satisfy their burden to show that they were engaged in conduct in furtherance of their right of free speech under the anti-SLAPP…