CRV Imperial-Worthington v. KB Home Coastal
Appellant KB Home Coastal, Inc. (KB) appeals from an order denying its special motion to strike the cross-complaint of respondent CRV Imperial-Worthington, LP (CRV) as a strategic lawsuit against public participation. (Code Civ. Proc.,[1] § 425.16, commonly known as the anti-SLAPP statute.) CRV's cross-complaint alleged that KB, by suing CRV for indemnity and other causes of action, had breached a written settlement agreement between CRV and KB containing a broad mutual release of certain claims.
On appeal, KB contends its motion should have been granted and CRV's cross-complaint stricken because (1) it satisfied its burden to show CRV's cause of action was based upon KB's petitioning activity, putting it under the ambit of the anti-SLAPP statute and (2) CRV failed to produce admissible evidence to support its cause of action for breach of contract and therefore did not meet its burden of establishing a probability of prevailing on the merits of that claim. We agree that CRV has not met its burden to establish a probability of prevailing on the merits of its breach of contract cross-complaint, and therefore reverse.
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