Ralphs Grocery Co. v. Victory Consultants, Inc.

Appellants Ralphs Grocery Company and related subsidiaries (Ralphs) appealed an order striking their complaint against respondents Victory Consultants, Inc. (Victory) and Jerry Mailhot under Code of Civil Procedure section 425.16 (the anti-SLAPP law). Appellants contended the superior court erred in determining their complaint, which alleged a cause of action for trespass, arose out of activity protected by the anti-SLAPP law, and by concluding they failed to demonstrate a probability of succeeding on the merits of that cause of action. After review of the complaint, the Court of Appeal agreed with Appellants: respondents have not shown Appellants' cause of action for trespass arises out of protected activity. The acts constituting trespass were not protected activity. Although Respondents argued that Appellants were suing them based upon petitioning activity, which would typically be protected, such activity was occurring on private property. “Respondents have provided no persuasive argument that their activity occurring on such private property is protected. Additionally, even if we were to reach the second question under an anti-SLAPP analysis, we would conclude Appellants carried their minimal burden of showing a probability of succeeding on the merits.” The Court, therefore, reversed the order. View "Ralphs Grocery Co. v. Victory Consultants, Inc." on Justia Law