Anderson v. Geist
Annotate this CasePlaintiff-respondent Connie Anderson alleged that deputies from the San Bernardino Sheriff's Department, Steve Geist and Daniel Shelton, unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant that had been recalled, and in the process made defamatory statements about her and her family to her neighbors. The deputies appealed the trial court's denial of their special motion to strike the complaint as a strategic lawsuit against public participation (anti-SLAPP motion), arguing that they met their burden of showing plaintiff's causes of action arose from activity protected by the anti-SLAPP statute. Furthermore, the deputies argued that plaintiff failed to meet her burden of showing a probability she would prevail on the merits. The issue this case presented for the Court of Appeal's review was one of first impression: whether a peace officer's execution of a warrant is protected activity under the anti-SLAPP statute. The Court answered that question in the negative, at least under the circumstances of this case. The Court therefore agreed with the trial court that the deputies did not meet their burden on the first part of the anti-SLAPP analysis, and affirmed the trial court's ruling.
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