California Court of Appeal

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D'Arrigo Bros. v. United Farmworkers of America, H038213

In an action for breach of contract against defendant which was representing plaintiff's agricultural workers, the trial court's order denying defendant's motion to strike plaintiff's complaint under the anti-SLAPP statute is reversed and remanded, where: 1) plaintiff's claim is based on defendant's acts of pursuing, and assisting the Agricultural Labor Relations Board (ALRB) General Counsel in pursuing allegations that plaintiff had unlawfully promised benefits to its employees, and thus, defendant met its burden to show that plaintiff's cause of action is one "arising from" protected activity; and 2) plaintiff is unable to demonstrate a probability of prevailing on its breach of contract claim because defendant had no obligation, either under the terms of the alleged contract or as a matter of public policy, not to cooperate in the General Counsel's independent investigation and prosecution of the Unfair Labor Practice complaint.

Appellate Information

  • Decided 03/12/2014
  • Published 03/12/2014

Judges

  • ELIA

Court

  • California Court of Appeal

Counsel