Garza-Wiesand v. Garza CA2/3
Cross-complainant and appellant Rosalinda Garza-Wiesand (Rosalinda) appeals an order striking her cross-complaint pursuant to a special motion to strike (Code Civ. Proc., § 425.16) brought by cross-defendants and respondents Edward Perez (Edward), Elba P. Garza (Elba), and Hector A. Garza, Jr. (Hector, Jr.).
Rosalinda also appeals a subsequent order awarding $19,640 in attorney fees and costs to Edward pursuant to section 425.16, commonly known as the anti-SLAPP statute. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57.)
We reverse the order granting the special motion to strike because Rosalinda’s cross-complaint did not arise out of protected activity and therefore did not implicate the anti-SLAPP statute.
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