Aron

*1072 This appeal concerns the grant of a new trial motion after entry of an order and judgment granting a special motion to strike the complaint under Code of Civil Procedure section 425.16. 1 The trial court granted the anti-SLAPP motion on the grounds that the plaintiff's action arose out of an underlying unlawful detainer action, which is protected petitioning activity under section 425.16, and that the plaintiff could not establish a reasonable probability of prevailing on the merits because the defendant's appeal of the underlying unlawful detainer judgment was pending at the time the plaintiff filed the instant action and was still pending at the time of the hearing on the anti-SLAPP motion. An order and judgment was entered granting the anti-SLAPP motion and dismissing the complaint, and the plaintiff appeals from that judgment and order.

*1073 After entry of the judgment in this case, a remittitur was issued in the underlying unlawful detainer case, affirming the judgment. The plaintiff then filed a motion for a new trial in this case, arguing that the remittitur was newly discovered evidence that he could not reasonably have discovered at the time of the anti-SLAPP…