The following excerpt is from Demartini v. Demartini, No. 2:14-cv-2722 JAM CKD PS (E.D. Cal. 2016):
submit competent evidence in support of each element. Moreover, insofar as the breach of contract claim arises out of protected conduct, defendants/counterclaimants make no argument that the alleged contract included a material term preventing plaintiffs/counterdefendants from instituting the present action. See, e.g., City of Alhambra v. D'Ausilio, 193 Cal. App. 4th 1301, 1307-1308 (2011) (claim was not subject to anti-SLAPP motion to strike because cause of action was predicated on scope and enforceability of settlement agreement preventing party from engaging in certain speech-related conduct). Having failed to meet their burden of demonstrating minimal merit on the breach of contract claim, the motion to strike should be granted as to this claim.
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