Sharon Henry v. Bank of America Corporation

Good Law
522 F. App'x 406
United States Court of Appeals for the Ninth CircuitMarch 27, 201311-16927California647 words

Opinion

Opinion

MEMORANDUM

Sharon Henry appeals from the district court’s judgment disposing of her state claims against Nancy Mendoza and Bank of America and her federal and state civil rights claims against Calvin Chow, Raymond Lee, and the City and County of San Francisco. We have jurisdiction under 28 U.S.C. § 1291 . We note at the outset that Henry’s claims arise from a perfect storm of coincidences and a case of mistaken identity and that her actions in this matter were blameless. Moreover, she presented nonfrivolous claims in her complaint. Nevertheless, we affirm the district court’s orders.

The Anti-SLAPP statute applies to Henry’s state claims against Mendoza and Bank of America because the “principal thrust or gravamen” of these claims is based on Mendoza’s report to the police, and the record does not conclusively estab lish that Mendoza’s report to the police was unlawful. Dwight R. v. Christy B., 212 Cal.App.4th 697 , 151 Cal.Rptr.3d 406, 415-416 (2013). The district court did not err in striking these claims under the Anti-SLAPP statute. See Equilon Enters. v. Consumer Cause, Inc., 29 Cal.4th 53 , 67, 124 Cal.Rptr.2d 507 , 52 P.3d 685 (2002). Henry failed to adduce any evidence…

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