Klem

*602 Robert Klem sued Access Insurance Company (Access Insurance) and Access General Insurance Adjusters, LLC (Access Adjusters, and, collectively with Access Insurance, Access) after he was in a car accident and Access administered his *717 claim. Klem alleged Access falsely notified the California Department of Motor Vehicles (DMV) that his car was a total loss salvage, reducing its value and resulting in loss of use. Access filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. The trial court found Access's notice to the DMV was protected communication, but that Klem met his burden in establishing a probability of prevailing on the merits. The court denied the motion, and Access appealed.

We conclude the court erred as to certain of its evidentiary rulings and by denying the anti-SLAPP motion. Accordingly, we reverse and direct the court to enter a new order granting Access's motion.

FACTUAL AND PROCEDURAL BACKGROUND 1

I. Events Giving Rise To The Litigation

On February 12, 2014, Klem was driving his 1993 Mercury Tracer (the Vehicle) when he was in an accident with a car…