Michael Sansoe v. Ford Motor Co.

MEMORANDUM

Ford Motor Company (“Ford”) appeals the district court’s denial of its special motion to strike pursuant to California’s anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16 . We review the denial of this motion de novo, and we affirm. Mindys Cosmetics, Inc. v. Dakar, 611 F.3d 590, 595 (9th Cir. 2010).

Strategic lawsuits against public participation (“SLAPP”) masquerade as ordinary lawsuits but are “aimed at chilling expression through costly, time-consuming litigation.” Price v. Stossel, 620 F.3d 992, 999 (9th Cir. 2010) (quoting Metabolife Int'l Inc. v. Wornick, 264 F.3d 832 , 839 (9th Cir. 2001)). The California legislature has attempted to discourage this practice by providing a procedural mechanism “for the early dismissal of unmeritorious claims filed to interfere with the valid exercise of the constitutional rights of freedom of speech and petition. ” Club Members for an Honest Election v. Sierra. Club, 45 Cal.4th 309 , 86 Cal.Rptr.3d 288 , 196 P.3d 1094, 1098 (2008).

We hold that Ford has failed to make the threshold showing that Plaintiffs’ causes of action are “based on an act in furtherance of [Ford’s] right of petition or free speech.” City of Cotati v.…