DuPONT MERCK PHARMACEUTICAL COMPANY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MARC NEWMAN et al., Real Parties in Interest., 78 Cal. App. 4th 562

Summary

Real party in interest's class action sought damages on behalf of purchasers of a prescription blood-thinning drug. Complaint alleged petitioner, the manufacturer of this drug, artificially inflated its price by disseminating false and omissive information concerning the use and effectiveness of an equivalent generic product. Petitioner demurred and filed a motion to strike under the anti-SLAPP statute, Cal. Civ. Proc. Code §425.16. Respondent trial court overruled the demurrer and denied petitioner's motion, and petitioner then petitioned the court for a writ of mandate compelling respondent to grant its motion to strike, which the court denied, although the California Supreme Court granted review and transferred matter back to the court to consider the issue on the merits. In issuing the writ of mandate, the court concluded that the first prong of the anti-SLAPP statute was satisfied, as the complaint's allegations constituted claims described in Cal. Civ. Proc. Code §425.16(b)(1).