Boberg v. Peterson
The issue in this case is whether Code of Civil Procedure section 426.16, commonly referred to as the anti-SLAPP (strategic lawsuit against public participation) statute, applies to a trustees performance of her duties in a nonjudicial foreclosure proceeding. Plaintiff M. Kathleen Boberg filed a lawsuit against Sharyn S. Peterson, Shoshone Services Corporation, and other defendants to set aside a nonjudicial foreclosure sale. Defendants filed an anti-SLAPP motion. The court denied the motion, finding that defendants conduct did not arise from constitutionally protected activity, as required under the anti-SLAPP statute. On appeal, defendants argue that the trial court erred in denying the motion because their conduct qualified as either speech or petitioning activity. For the reasons stated below, Court reject defendants argument and affirm the judgment.
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