Vivian

Before the court are cross-appeals from an order granting in part and denying in part defendants’ special motion to strike, pursuant to Code of Civil Procedure 1 section 425.16, the so-called anti-SLAPP statute. In the unpublished portion of this opinion, we conclude the court correctly dismissed plaintiff’s cause of action for fraud and denied the motion to strike plaintiff’s claim for intentional infliction of emotional distress. In the published portion, we conclude the court erred in failing to strike plaintiff’s cause of action for breach of contract.

*270 Factual and Procedural History

Plaintiff Christopher Vivian and defendant Louise Labrucherie were divorced in 2008. They have one child together. Sandra Labrucherie is Louise’s mother. Christopher is a Sonoma County deputy sheriff.

The present dispute arose in 2010 when Louise’s new boyfriend, Sukhdev Sidhu, referred to throughout the proceedings as “Dodi,” sought a temporary restraining order (TRO) prohibiting Christopher from harassing him. In his application for the restraining order, Dodi claimed, “Threats have been made against my life and physical safety. Christopher Vivian is harassing my business…