Posting of Negative Information On Community Website Not “Protected Activity”

This case involved a dispute between two different homeowners’ association members over whether one of the owners was protected against claims filed by the other that were based upon negative information that was posted on a community website.

The conflict between the neighbors stemmed from an incident where one of the owner’s dog killed the other owner’s cat. The two owners entered into a written settlement agreement that provided for the payment by the dog owner of $2,000 to the cat owner. The settlement agreement also included a non-disparagement clause. In disregard of the non-disparagement clause, the cat owner posted a hostile message on a neighborhood blog about the dog owner. The dog owner then filed suit against the cat owner for breach of contract, defamation, and intentional infliction of emotional distress.

In response to complaint, the cat owner filed a special motion to strike the dog owner’s entire complaint (anti-SLAPP motion allowed by state statute) based on a contention that the dog owner’s claims arose from a “protected activity” – the cat owner making statements on an issue of public interest. The trial court denied the anti-SLAPP motion and the cat owner filed an appeal.

Upon Review: