Sheley v. Harrop

Richard Sheley (decedent) formed and operated a corporation, George's Pest Control, Inc. Cross-complainant/respondent Nancy Sheley, the decedent's wife at the time of his death, owned a 25 percent share in the corporation. After the decedent's death in 2011, cross-defendants/appellants Linda Harrop and Valerie Richard, decedent's daughters from a prior marriage, owned a 75 percent share in the corporation. After appellants assumed control, the corporation commenced an action against respondent. An amended complaint added appellants as plaintiffs. Respondent filed a cross-complaint against appellants. Appellants filed an anti-SLAPP special motion to strike the cross-complaint. The trial court granted the motion as to respondent's fourth cause of action, sounding in intentional infliction of emotional distress, but otherwise denied the motion. On appeal, appellants argued that the trial court erred in denying their special motion to strike the first, second, and third causes of action in respondent's cross-complaint because the alleged conduct arose out of their constitutional right to petition, and respondent could not establish a probability of prevailing on the merits. Alternatively, appellants contended the trial court should have granted their motion as to the specific allegations involving protected activity in the first, second, and third causes of action. After review, the Court of Appeal concluded that some of respondent's allegations in the remaining three causes of action arose out of protected activity. Furthermore, the Court concluded that, as to those particular allegations which were based on protected activity, respondent failed to establish that the claims were legally sufficient and factually substantiated. Therefore, the Court modified the trial court's order by granting appellants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint. View "Sheley v. Harrop" on Justia Law