Alpha & Omega Development, LP v. Whillock Contracting, Inc.

Alpha and Omega Development, LP (Alpha), appeals from an order of the trial court granting pursuant to Code of Civil Procedure 1 section 425.16 the special motion to strike (e.g., anti-SLAPP motion) 2 of Whillock Contracting, Inc. (Whillock), to a cause of action for slander of title concerning real property once owned by Alpha.

Alpha contends the trial court erred in granting Whillock’s anti-SLAPP motion because Alpha met its burden of demonstrating a probability of *660 prevailing on the merits, as required under the second prong of the antiSLAPP statute. As we explain, we disagree and affirm the trial court’s order.

OVERVIEW

Before addressing the main issue in this case, we first discuss what is not in issue in this appeal. The record shows Alpha’s first amended complaint (FAC) against, among others, Whillock 3 asserted causes of action for slander of title and malicious prosecution. The trial court granted Whillock’s antiSLAPP motion as to both causes of action, but on appeal Whillock challenges only the trial court’s order as it pertains to slander of title.

In addition, Alpha understandably 4 conceded in the trial court and again on appeal that Whillock…