Neville
Neville v. Chudacoff
Opinion
lead Opinion
Mosk, J.
INTRODUCTION
This is an appeal from an order granting a special motion to strike under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code *1259 Civ. Proc., § 425.16.) 1 An employer fired one of its employees amid allegations that the employee had misappropriated customer lists and solicited his employer’s customers to start a competing business. Several months before litigation was commenced by the employer against its former employee, the employer’s attorney drafted a letter to the employer’s customers that accused the employee of breach of contract and misappropriation of trade secrets, and that “suggest[ed]” to the customers that, to avoid potential involvement in any ensuing litigation “as a material witness, or otherwise,” the customers should not do business with the former employee. The employee commenced a defamation action 2 against the former employer. We hold that, in the circumstances of this case, the lawyer’s letter to the customers was a “writing made in connection with an issue under consideration or review by a . . . judicial body” (§ 425.16, subd. (e)(2)) and therefore covered by the anti-SLAPP statute because the letter…