De La Cerda v. Effective Funding
On defendant's appeal from an order denying a motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute), court affirmed. Defendant is the assignee of a money judgment. By way of a declaratory relief action plaintiff is attempting to set aside the judgment defendant obtained from other co-defendants and prevent further execution on the judgment. Such a responsive action by plaintiff does not "arise from" protected conduct within the meaning of the anti-SLAPP statute. Moreover as the trial court found, defendant's acquisition of the judgment and its efforts to enforce it are not activity protected by section 425.16. Hence the claims against defendant are not subject to a motion to strike.
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