Supreme Court of California

Within the context of anti-SLAPP motions to strike, in an underlying under the California Fair Employment and Housing Act, Gov. Code section 12900 et seq, for national origin discrimination and failure to receive a discrimination-free workplace, the Court of Appeals' judgment -- that a claim alleging a discriminatory decision is subject to a motion to strike so long as protected speech or petitioning activity contributed to that decision -- is reversed where: 1) a claim is not subject to a motion to strike simply because it contests an action or decision that was arrived at following speech or petitioning activity, or that was thereafter communicated by means of speech or petitioning activity; and 2) a claim may be struck only if the speech or petitioning activity itself is the wrong complained of, and not just evidence of liability or a step leading to some different act for which liability is asserted.

Appellate Information

• Published 2017/05/04

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel