Morris Cerullo World Evangelism v. Newport Harbor Offices etc.

INTRODUCTION

Morris Cerullo World Evangelism (MCWE) appeals from an order denying 1 its special motion to strike, made pursuant to Code of Civil Procedure section 425.16, which was directed to three affirmative defenses for setoff pleaded by Newport Harbor Offices & Marina, LLC (NHOM) in its answer to MCWE’s cross-complaint. The appeal presents two issues: (1) may a special motion to strike under section 425.16, subdivision 2 (b) be directed to an affirmative defense pleaded in an answer and (2) does an affirmative defense for setoff constitute a cause of action or claim for relief subject to an anti-SLAPP motion to strike. The answer to the first question presented is no—an anti-SLAPP motion may not be directed to an affirmative defense. The reason appears on the face of the statute itself: Only a “cause of action” asserted by a plaintiff, cross-complainant, or petitioner may be the subject of an anti-SLAPP motion. (§ 425.16(b)(1), (h).) A cause of action seeks relief. An affirmative defense cannot seek relief and is not asserted by a plaintiff, a cross-complainant, or a petitioner. The answer to the second question presented is also no—an affirmative defense for setoff cannot…