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5032 Defendant’s alleged illegal acquisition of information to use in suit against plaintiff is protected activity under anti-SLAPP statute in absence of admission or conclusive proof of illegality, but allegation of illegality was sufficient to satisfy plaintiff’s burden of demonstrating probability of prevailing; thus, anti-SLAPP motion to strike should not have been granted by trial court.
CitationSCALZO v AMERICAN EXPRESS CO (Squabbling Siblings) 185 CA4 91 [See CCP 424.16; Civ Code §47; Flatley v Mauro, 39 C4 299, P/AT 09/2006)]
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