JAMES M. DONOVAN, Plaintiff and Appellant, v. DAN MURPHY FOUNDATION et al., Defendants and Respondents., 204 Cal. App. 4th 1500

Summary

The court of appeal held that the conduct giving rise to the causes of action did not fall within the scope of the anti-SLAPP statute. The gravamen of the complaint was that plaintiff's removal as a director was illegal and in retaliation for his efforts seeking compliance with California corporate and trust laws. The conduct complained of did not implicate an act in furtherance of a person's right to free speech or petition. The mere act of voting was insufficient to demonstrate that conduct challenged in a cause of action arose from protected activity. A board of directors meeting by a nonprofit charitable organization was not an official proceeding authorized under law for the purposes of § 425.16, subd. (e)(2). Similarly, the majority vote to remove plaintiff was not conduct in furtherance of the exercise of the constitutional rights of petition or free speech in connection with a public issue or an issue of public interest under § 425.16, subd. (e)(4). Defendants presented no ...