Ralphs Grocery Co. v. Victory Consultants, Inc.

*248 Ralphs Grocery Company (Ralphs), Ralphs Grocery Company dba Food-4-Less (Food-4-Less), and Ralphs *249 Grocery Company dba Foods Co. (Ralphs, Food-4-Less, and Foods Co. collectively Appellants) appeal an order striking their complaint against Victory Consultants, Inc. (Victory) and Jerry Mailhot (Victory and Mailhot together Respondents) under Code of Civil Procedure 1 section 425.16 (the anti-SLAPP law). Appellants contend the superior court erred in determining that their complaint, which alleges a cause of action for trespass, arose out of activity protected by the anti-SLAPP law, and by concluding they failed to demonstrate a probability of succeeding on the merits of that cause of action.

We agree with Appellants. Respondents have not shown Appellants' cause of action for trespass arises out of protected activity. The acts constituting trespass are not protected activity. Although Respondents argue that Appellants are suing them based upon petitioning activity, which would typically be protected, such activity is occurring on private property. Respondents have provided no persuasive argument that their activity occurring on such private property is protected.…