Cal. State Labor Commissioner v. Everlasting Gifts
The California State Labor Commissioner filed an action against Everlasting Gifts, Inc., alleging Everlasting Gifts committed unlawful retaliation when it filed a trade secrets complaint against one of its former employees. Everlasting Gifts responded with a special motion to strike the complaint as a Strategic Lawsuit Against Public Participation under Code of Civil Procedure, section 425.16 (the anti-SLAPP motion). The trial court denied the anti-SLAPP motion, and Everlasting Gifts now appeals that denial.
Everlasting Gifts contends the trial court erred by (1) finding that the Labor Commissioner successfully carried its burden of establishing a probability of prevailing on the merits, (2) concluding that the anti-SLAPP statute does not apply to an owner of Everlasting Gifts because the owner is not a party to the trade secrets action and, therefore, did not engage in protected activity, and (3) declining to consider evidence provided by Everlasting Gifts.
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