A motion to strike a strategic lawsuit against public participation (anti-SLAPP), under Code of Civil Procedure section 425.16, must “ ‘consider the elements of the challenged claim’ ” and “identify what acts each challenged claim rests on and to show how those acts are protected under a statutorily defined category of protected activity.” (Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995, 1009 (Bonni).) Plaintiff professors Hyewon Pechkis and Joseph Pechkis sued defendant the Trustees of the California State University based on retaliation from reporting discrimination and harassment by a department chair at California State University, Chico (Chico State). Defendant brought an anti-SLAPP motion against two retaliation causes of action; the trial court denied the motion and defendant appeals.
On appeal defendant argues the challenged causes of action must be stricken because they are based “in part” on communications between Chico State employees and employees at another campus relating to an investigation into Hyewon, and these communications are protected activity under the anti-SLAPP statute. We affirm, concluding defendant failed to carry its burden because whether the challenged causes of action are based in part on protected activity does not necessarily establish the causes of action arise from protected activity under the anti-SLAPP statute.
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