Donovan
Donovan v. Dan Murphy Foundation
Opinion
Lead Opinion
Manella, J.
INTRODUCTION
James M. Donovan appeals from an order of the superior court granting respondents’ special motion to strike his complaint under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). 1 He contends the trial court erred in granting the motion because (1) respondents’ conduct does not fall within the scope of the anti-SLAPP statute and (2) his complaint had merit. Because we conclude that the conduct giving rise to the complaint falls outside the purview of the anti-SLAPP statute, we reverse.
FACTUAL AND PROCEDURAL HISTORY
On August 30, 2010, Donovan filed a complaint for declaratory relief and wrongful removal against respondents Dan Murphy Foundation (Foundation), and its current directors, Edward Landry, Richard A. Grant, Jr., Maria O. Grant, Monsignor Jeremiah Murphy, Julia Donohue Schwartz, Frederick Roupp, and Jon Rewinski. 2 In his complaint, Donovan alleged he was wrongfully removed as a director of the Foundation after he raised concerns *1503 about the Foundation’s financial oversight and governance. Donovan sought a declaration that his removal from the Board was illegal. He requested that the court issue an order enjoining respondents…