C.A. 2nd;
B271781

The Second Appellate District affirmed a trial court order. The court held that a breach of contract action did not arise from protected activity for purposes of the anti-SLAPP statute.

In 2009, Pabst Brewing Company, LLC entered into a written distributor agreement) with Mission Beverage Company. Pabst granted Mission the exclusive right to distribute many of its beers within certain areas of Los Angeles County. In late 2014, Pabst came under new ownership. In early 2015, it notified Mission of the termination of their agreement and of the names of the new distributors so that Mission could negotiate with them to determine the fair market value of its distributorship rights. The new distributors attempted to negotiate with Mission, as required under Bus. & Prof. Code, §25000.2. When that failed, they sent Mission a letter initiating arbitration. Mission sued Pabst for breach of contract and declaratory relief, arguing Pabst had no right to terminate their agreement. While that action was pending, the arbitrator issued an award fixing the value of Mission's distributorship rights. The new distributors paid Mission that amount.