Ruiz

FIELDS J.

*427 I. INTRODUCTION

Plaintiff and appellant, Moss Bros. Toy, Inc. (MBT), appeals from the order granting defendant and respondent, Ernesto Ruiz's, anti-SLAPP 1 motion, or special motion to strike MBT's entire first amended complaint (FAC) against Ruiz. (§ 425.16, subd. (i).) The FAC alleges MBT is Ruiz's former employer and that Ruiz breached two March 2010 arbitration agreements with MBT by failing to submit Ruiz's employment-related claims against MBT to arbitration, and by instead filing a lawsuit for his employment-related claims *294 against MBT's agent, Moss Bros. Auto Group, Inc. (MBAG), in San Bernardino County Superior Court case No. CIVDS2107201. In this appeal, MBT claims the anti-SLAPP motion was erroneously granted because the FAC is not based on protected activity (§ 425.16, subd. (e)), but is instead based on Ruiz's breach of his March 2010 arbitration agreements with MBT. MBT also claims it demonstrated a probability of prevailing on its claims alleged in the FAC.

We affirm the order granting the anti-SLAPP motion. In the published portion of this opinion, we explain that the entire FAC is based on protected activity, namely, Ruiz's act of filing his…