Suarez

Rafael V. Suarez challenges the grant of Trigg Laboratories, Inc.’s special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute. We affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

Suarez, a business consultant, entered into an arrangement with Trigg Laboratories (Trigg), and its principal owner Michael Trygstad in April 2005, with the goal of increasing company profit and growth to prepare Trigg for an eventual sale. The parties initially expected the arrangement to be short term, and Suarez was paid $125 an hour. After several months, the scope of the work expanded to include raising additional capital. The parties agreed Suarez would receive 5 percent of new capital raised and 7 percent of any sale of Trigg, or if neither occurred, he would receive just a monthly retainer. This was not reduced to writing.

Suarez helped Trigg obtain additional capital, which would have entitled him to $75,000 under their agreement. At Trygstad’s request, he agreed to defer that payment in exchange for an increase of the percentage he would eventually receive for an “end transaction.” That percentage was later increased to 13.5 percent.

In an…