Gallano v. Burlington Coat Factory etc. CA1/1
Defendant Burlington Coat Factory of California appeals from the trial court’s order denying its special motion to strike under Code of Civil Procedure section 425.16 (section 425.16) as to the putative class action complaint filed by plaintiff Krizel Gallano. The complaint alleges that defendant illegally used California’s shoplifting statute (Pen. Code, § 490.5) to improperly shift to its employees business losses caused by common on-the-job mistakes. The trial court determined that the conduct alleged by plaintiff was not activity protected by section 425.16 because it constituted extortion as a matter of law. We disagree, and remand the matter for further proceedings.
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