FMI, Inc. v. Dardeen
James Dardeen (James), his wife, Lonna Dardeen (Lonna) and Brandi Hutchison appeal from an order denying their special motion to strike a cross-complaint under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. (All undesignated statutory references are to the Code of Civil Procedure.) Court conclude that the anti SLAPP statute applies because the cross complaint arose from acts in furtherance of the constitutional right of petition and that cross complainants failed to show a probability of prevailing on the merits. Accordingly, Court reverse the order denying the anti SLAPP motion and remand the matter with instructions to grant the motion.
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