MOHAMMED AMAL GUESSOUS et al., Plaintiffs and Appellants, v. CHROME HEARTS, LLC, Defendant and Appellant., 179 Cal. App. 4th 1177

Summary

The court of appeal held that petitioning activity undertaken in a foreign country was not protected by Code Civ. Proc., § 425.16, the anti-strategic lawsuit against public participation (anti-SLAPP) statute. The express language of the anti-SLAPP statute limited motions to strike to causes of action arising from any act in furtherance of the right of petition or free speech under the U.S. or California Constitution in connection with a public issue. That language clearly limited the petitioning or free speech activity to that made pursuant to rights granted by the United States or California Constitutions, and neither Constitution granted a United States citizen the right to petition a foreign government. In the current case, it was clear that plaintiffs' causes of action for breach of contract and declaratory relief were not subject to a special motion to strike under § 425.16 because both arose from the filing of the trademark infringement lawsuits in France. Plaintiffs sought a ...