Trivedi Foundation v. Morrisette CA2/7

INTRODUCTION

This is an appeal from an order denying a special motion to strike pursuant to Code of Civil Procedure section 425.16. Because the defendant demonstrated that the plaintiff‟s claims arise from “protected activity” within the meaning of this statute but the plaintiff failed to meet its burden to establish the probability of prevailing on its claims, we reverse.

FACTUAL AND PROCEDURAL SUMMARY

The Complaint In November 2011, Trivedi Foundation, Inc. (Foundation) filed a complaint for breach of contract and injunctive relief against Michele Morrisette. According to the complaint, Trivedi Foundation, a non-profit organization established by Mahendra Trivedi in 2009, works with the scientific community at major universities and research centers to document the “transformational properties of Trivedi‟s energy transmissions, which impact living organisms and inanimate objects for better performance.” Morrisette was a former independent contractor who had provided services to the Foundation in the summer of 2010 but terminated her contract by notice dated July 6, 2010. Morissette then raised claims against the Foundation, and the parties entered into a written Confidential…