Lowrey

*1575 Opinion

Greka Integrated, Inc., sued a former employee, Gary Lowrey, for breach of contract and conversion. Lowrey moved to strike the complaint pursuant to the anti-SLAPP statute (strategic lawsuit against public participation), Code of Civil Procedure section 425.16. 1 The trial court granted the motion, concluding that Greka’s causes of action arose out of Lowrey’s protected speech and that Greka had not shown a probability of prevailing on the merits. Greka contends the trial court erred because the motion was untimely, its causes of action are not based on protected activities and its claims have at least minimal merit. We affirm.

Facts and Procedural History

Greka owns and operates an integrated oil, gas and refinery business in Santa Maria. In August 2001, it hired Lowrey to work as a safety manager. Before he began work, Lowrey was required to sign a nondisclosure agreement in which he agreed that “during and after the term of my employment with Greka Energy I shall keep in confidence any proprietary or confidential information of the Company.” About a year later Lowrey was unable to continue his employment and took a medical leave of absence. Greka alleges that…