JASON LAKER, Plaintiff and Respondent, v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY et al., Defendants and Appellants., 32 Cal. App. 5th 745

Summary

HOLDINGS: [1]-Defamation claims arose from protected activity under Code Civ. Proc., § 425.16, subd. (b)(1), and thus were subject to an anti-SLAPP motion to strike because the claims were based on statements made in connection with an internal investigation of public employee misconduct, which, for purposes of § 425.16, subd. (e)(1), (2), was an official proceeding; [2]-Because the litigation privilege of Civ. Code, § 47, subd. (b), protected the statements from which the defamation claims arose, there was no probability of prevailing and the defamation claims had to be stricken; [3]-To the extent that a retaliation claim alleged meritless investigations rather than defamatory statements, a prima facie showing of protected activity was not made; [4]-Attorney's fees and costs under § 425.16, subd. (c)(1), were recoverable to the extent incurred in moving to strike the defamation claims.