C.A. 3rd;
C072585

The Third Appellate District reversed a judgment with directions. The court held that a creditor's communications with a debtor during the debtor's bankruptcy constituted protected activity for purposes of the anti-SLAPP statute.

Federal National Mortgage Association (Fannie Mae) initiated nonjudicial foreclosure proceedings against property owned by Crossroads Investors, L.P. Crossroads filed for bankruptcy. Fannie Mae was granted relief from the bankruptcy stay and sold the property. Crossroads sued Fannie Mae for wrongful foreclosure, breach of contract, fraud, and other tort and contract actions. Fannie Mae moved to strike the complaint under the anti-SLAPP statute, contending the actions on which Crossroads based its complaint were Fannie Mae's statements in documents filed in the bankruptcy proceeding, all of which were privileged. The trial court disagreed and denied the motion.