Rivera

*713 Opinion

Defendant First DataBank, Inc., appeals from denial of its special motion to strike the negligence and breach of contract causes of action in the complaint filed by plaintiffs Evelyn Rivera, Beau Rivera, Steven Rivera, Jenna Rivera, and Corryn Rivera. (Anti-SLAPP— strategic lawsuit against public participation — motion; Code Civ. Proc., § 425.16; all further references are to this code unless otherwise stated.) It contends the court erred when it concluded the conduct for which defendant is being sued did not arise from the exercise of free speech and was also barred by section 425.17. We agree and also determine plaintiffs have not shown a probability of prevailing on their complaint against defendant. We therefore reverse the order.

Defendant requests that we take judicial notice of the legislative history of section 425.17. It is unnecessary to our decision and we deny the request.

FACTS AND PROCEDURAL HISTORY

Defendant is an independent publisher of “medication databases” available to anyone interested, including consumers, drug manufacturers, health insurance companies, government agencies, and pharmacies. Defendant’s business includes the “specialty area of…