Simmons

INTRODUCTION

Appellants Tim Leissner (Leissner) and Kimora Lee Simmons-Leissner (Lee) ask us to reverse the orders denying their respective special motions to strike the fraud claims in respondent Russell Simmons’s (Simmons) complaint as a strategic lawsuit against public participation under the anti- SLAPP statute, Code of Civil Procedure section 425.16. Leissner and Lee argue Simmons’s fraud claims are “mixed causes of action” that include allegations of protected activity— i.e., two letters they wrote in connection with an ongoing federal case against Leissner—as well as nonprotected activity. We disagree and find that the complaint alleges the two letters are merely incidental to and constitute evidence of the fraud claims. They are not the bases of the causes of action themselves. We affirm the trial court’s denial of both anti-SLAPP motions.

FACTUAL AND PROCEDURAL BACKGROUND

I. Relevant Background Information

Simmons is a famous music record producer and founder of Def Jam Records. Simmons and Lee were married from 1998 to 2009; they appeared in television shows together. Simmons “enjoyed a special confidential relationship of trust and confidence” with Lee, who is…