Johnson v. Ralphs Grocery Co.

*1101 Opinion

—After she was prosecuted criminally for shoplifting, Darin Johnson brought this civil action against Ralphs Grocery Company (Ralphs); its independent contractor security company, Special Operations International, Inc. (SOI); and SOI employees Michael Robinson and Jessie Barraza. 1 Johnson contends the court erred by granting defendants’ special motions to strike the malicious prosecution cause of action under the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc., § 425.16). 2 She asserts the cause of action does not arise from protected activity within the meaning of section 425.16, and even if it does, she met her burden of showing a probability of prevailing on the merits. Johnson also contends the trial court erred by sustaining Ralphs’s demurrer without leave to amend on causes of action for negligence and intentional infliction of emotional distress. We affirm the judgment and the order.

BACKGROUND

Johnson’s complaint included causes of action against all defendants for intentional infliction of emotional distress and negligence, and against Ralphs and SOI for malicious prosecution. 4 The complaint alleged that in…