Simpson v. Dolan-Clune CA4/1
Defendants and appellants Colleen Dolan-Clune, Jon Rigney, and Elisabeth Dawson, then members of the board of directors (the Board) of the Camino Professional Office Condominium Association (POA), appeal from an order denying their Code of Civil Procedure section 425.16 special motion to strike the complaint filed by plaintiff and respondent Hope Simpson, who is the trustee of a family trust which owns two units in the Camino Professional Office Condominiums (property). In denying the motion, the court ruled the gravamen of Simpson’s complaint, which alleged a single cause of action for breach of fiduciary duty, was that appellants had engaged in conduct that did not arise from protected activity. The court therefore did not reach the second prong of the anti-SLAPP inquiry regarding appellants’ reasonable probability of prevailing on the merits of the claims.
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