D'Ausilio

Appellant Robert D’Ausilio sued respondent City of Alhambra (City) for civil rights violations and then settled the case with the City. The City then sued appellant for breach of the settlement agreement and declaratory relief. Appellant moved to strike the declaratory relief claim under Code of Civil Procedure section 425.16, the “anti-SLAPP” statute. 1 *1304 The trial court denied the motion and awarded the City its attorney fees. We agree that appellant failed to demonstrate that the declaratory relief claim arose from activity protected under the statute. We therefore affirm the order denying the motion. We also grant the City’s request for attorney fees on appeal, the amount of which is to be determined by the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant is a former employee of the City, and served for many years as president of the Alhambra Firefighter’s Association (AFA). In December 2006, he sued the City for alleged civil rights violations in connection with the City’s investigation and discipline of his workplace conduct. In October 2007, appellant and the City entered into a “Settlement Agreement and General Release” (settlement agreement). At…