Midland Pacific Bldg. Corp. v. King, B192017
In breach of contract and fraud action brought by plaintiff developer to vindicate a legally cognizable right, not to obtain an economic advantage over the defendants, denial of anti-SLAPP motion is affirmed where plaintiff demonstrated a probability of prevailing on its breach of contract claim. The cause of action for fraud is incidental to the exercise of free speech and petition and, thus, does not arise from protected activity. (On Rehearing).
- Decided 11/28/2007
- Published 11/28/2007
- California Court of Appeal
- For Appellees:
- Manatt, Phelps & Phillips, Michael M. Berger, Lara M. Krieger, Los Angeles; and William S. Walter, Oakland, for Defendants and Appellants., Adamski Moroski Madden & Green, Thomas D. Green, Avila Beach, Raymond A. Biering, San Luis Obispo; Brown, Winfield & Canzoneri and Thomas F. Winfield III, Los Angeles, for Plaintiff and Respondent.