The First Appellate District reversed a trial court order denying a special motion to strike. The court held that acts protected under the SLAPP statute are not “merely incidental” to a cause of action simply because they represent a relatively small number of many alleged wrongful acts.
David Smith founded Haight Ashbury Free Clinics, Inc. (HAFCI) and Happening House Ventures (HHV). HHV was formed to assist HACFI by acquiring San Francisco real estate that would serve as a home for HACFI’s free medical services. Smith was HHV’s general partner, while HACFI was a limited partner. A dispute arose between HACFI and HHV regarding the partnership (Partnership Case). While litigation over partnership interests was pending, HHV sued HAFCI for breach of a lease as to real property that HHV had purchased and then leased to HACFI for HACFI’s operations.
