JohnRe Care, LLC v. Sicat CA4/2
Carlos Brain, a minority owner of plaintiffs and appellants JohnRe Care, LLC, and JohnRe Management, LLC, brought a derivative action on behalf of the two companies. Defendants and respondents Johnny Sicat and Rebecca Sicat jointly own 75 percent of both companies. The complaint alleged seven causes of action, all relating to the Sicats’ activities in running the companies and the businesses operated by the companies. The Sicats filed a special motion to strike, or anti-SLAPP motion (Code Civ. Proc., § 425.16, hereafter section 425.16), arguing that the suit was an effort to interfere with their right of petition in an unrelated suit brought by Brain for involuntary dissolution of JohnRe Care and JohnRe Management. The trial court granted the motion. Plaintiffs appealed, arguing that the instant suit does not arise from the Sicats’ right to petition within the meaning of section 425.16. We agree, and we will reverse the order, as well as the related judgment for attorney fee
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