Larson v. Roberts CA6
After Roberts filed a quiet title action against her two siblings and their mother, the siblings filed a cross complaint alleging causes of action for breach of contract and declaratory relief regarding a previous settlement agreement between the parties. Roberts filed an anti SLAPP motion, contending both causes of action arose from the protected petitioning activity of her initial complaint. The trial court granted the motion as to the breach of contract cause of action and a portion of the declaratory relief cause of action that was predicated on the alleged breach, but denied it as to the remainder.
Roberts contends on appeal that the trial court improperly treated the allegations within the declaratory relief cause of action as distinct claims, and that the whole cause of action should be stricken because it arises entirely from the petitioning activity of her initial lawsuit and respondents cannot demonstrate the requisite merit to survive the motion.
Comments on Larson v. Roberts CA6