London

INTRODUCTION

Carol Glasser (Glasser) appeals from the trial court’s denial of her motion under Code of Civil Procedure section 425.16 (commonly referred to as an anti-SLAPP motion)1 to strike the petition filed pursuant to section 527.6 by Edythe London, M.D. (London) who sought to enjoin Glasser and others from engaging in conduct which she contended constituted unlawful harassment. After London’s request for a temporary restraining order was denied and the matter was set for hearing on a permanent injunction, London’s counsel notified Glasser’s counsel that London would be dismissing her petition. Without awaiting confirmation of entry of the dismissal, Glasser’s counsel filed a motion “in the alternative.” The first alternative was a motion under section 425.16 to strike the petition; in the event London did dismiss the petition, Glasser then would move to recover her court costs and attorney fees under section 527.6, subdivision (r). We affirm the trial court’s denial of Glasser’s anti-SLAPP motion, finding that by its terms the motion was conditional, viz., that it was to be withdrawn in the event London dismissed her petition, which condition did occur. We reverse the award…