Case Number: EC062495    Hearing Date: September 12, 2014    Dept: NCE

Motion to specially strike complaint is denied. Defendants have failed to establish that the remaining causes of action have as their gravamen protected activity subject to the anti-SLAPP statute.

The first cause of action for breach of contract is based primarily upon allegations that defendant Ms. Bankston breached her agreement with plaintiffs to stay and operate Fusion, and then her agreement that she would return an remain at Fusion to arrange an orderly transition. Although there are allegations that she filed a “baseless, false and libelous restraining order, the damage allegations are alleged to be the “investment, the additional labor cost for new personnel, and the extra money Monica is demanding beyond the original agreement.” These damages appear to flow from the alleged breach of contract allegations and not from pursuit of a TRO. Consequently, the court concludes the TRO activity is incidental to the cause of action and that the cause of action does not arise from protected activity.

The second cause of action concerns the breach of a contract between Sanders and Mitchell concerning a $1,200 loan made by Sanders to Mitchell for the repair of her car. While it is alleged the TRO interfered with Donald’s ability to collect the money owed from Samantha , the damages sought consists of the $1,100 loan [para. 64). Once again, the TRO allegations appear to be incidental to the claim for breach of the loan contract and the court finds the cause of action does not arise from protected activity.

There is no direct mention of the TRO in the fifth cause of action for intentional misrepresentation and the seventh cause of action for intentional interference with prospective economic advantage. The allegation concerning the TRO is simply incorporated by reference. The fifth cause of action is directed against Ms. Bankston only an concerns alleged misrepresentations concerning her special knowledge of products to sell in a vaping store, her alleged promises to remain as a worker, shareholder and officer of Fusion. The injury complained of the fact that Sanders invested in the store based on those representations and ignored his construction business. This cause of action does not involve the TRO or arise from any protected activity.

The seventh cause of action, directed to Ms. Bankston and her father, alleges that by various actions they interfered with potential future economic opportunities Sanders might have in the construction industry (para. 106), engaged in improper relationships with Fusion suppliers and that Mr. Bankston encouraged his daughter to leave Fusion and Sanders. These acts are independent of any TRO, appearing to focus on disrupting the relationship of Ms. Bankston and plaintiff instead. The court finds this cause of action does not arise from protected activity.

The sixth cause of action for intentional interference with contractual relations alleges that Mr. and Ms. Bankston interfered with the agreement to open Fusion, that Mr. Bankston engineered blowups between plaintiff and Ms. Bankston, and that Ms. Bankston stirred upon enough innuendo about a purported sexual relationship between Ballistics Vape’s principal and a woman named Limor that she caused the end of the sale of Ballistics products by Fusion. While the cause of action also alleges that the TRO prevented plaintiff from contacting Mitchell to collect money she owed him, the pursuit of the TRO does not appear to be the focus of the cause of action, but rather appears incidental to claims that Mr. Bankston was determined that his daughter end her relationship, both personal and professional, with plaintiff and that Mr. Bankston prevented plaintiff from contacting Mitchell about the loan. The court finds this cause of action does not arise from protected activity.

Since none of the remedies sought are claimed to arise directly from any alleged pursuit of a TRO against plaintiff, the TRO appears to be incidental to each cause of action.

Request for attorneys’ fees is denied.