Lynch Partners, LLC v. Oracle CA4/1
Defendant Oracle appeals from an order denying her special motion to strike under Code of Civil Procedure section 425.16. Oracle contends the trial court erred in denying her motion on the ground that the first amended complaint for breach of contract (a residential lease agreement) filed by Lynch Partners, LLC (Lynch) did not arise out of protected activity. Oracle claims Lynch's action is based on a letter from her counsel demanding that Lynch return the security deposit she paid under the lease agreement, and sending a prelitigation demand letter threatening litigation is a protected exercise of the right of petition. We disagree that Lynch's breach of contract action is based on Oracle's demand for return of her security deposit and, accordingly, affirm.
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