Renaissance Kithchen, Bath & Flooring v. Szmczyk CA4/3

INTRODUCTION

After a falling out between the parties to a home improvement contract, homeowners Rheia Szymczyk and David Szymczyk (the Szymczyks) filed a complaint 1 against the contractor, Renaissance Kithchen, Bath & Flooring, Inc. (Renaissance) with Contractors’ State License Board (the License Board). They also filed an affidavit of loss against Renaissance’s contractor’s bond issued by Philadelphia Indemnity Insurance Company (Philadelphia). Renaissance sued the Szymczyks claiming, in part, that the License Board complaint and the affidavit of loss caused it damage. The Szymczyks filed a special motion to strike under California’s anti-SLAPP statute, Code of Civil 2 Procedure section 425.16. The trial court granted the motion in part and denied it in part; the Szymczyks appealed. We conclude the allegations relating to the License Board complaint arose from protected activity and lacked minimal merit. Those allegations must be stricken from Renaissance’s complaint. However, the allegations relating to the affidavit of loss did not arise from protected activity and therefore are not subject to the anti-SLAPP motion. Therefore, we (1) affirm the trial court’s order denying the…