Confidential Documents Belonging To Nonprofit Given To Mine Lawyers.

A nonprofit environmental group opposed a mine project through a ballot initiative, in order to preserve natural resources. In its venture, the nonprofit contracted with a fundraiser, and eventually the two had a financial dispute. The fundraiser gave confidential documents belonging to the nonprofit to the lawyers for the mine; the lawyers gave the fundraiser a check for $50,000. The lawyers thereupon filed a formal complaint with election officials, which maneuver succeeded in undermining the nonprofit. After the conclusion of the election issue, the nonprofit brought an action against the mine. Arguing it was exercising its right to petition when the complaint was made to election officials, the mine moved for a special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16], which motion the trial court granted. The Court of Appeal reversed, noting the gravamen of the nonprofit’s action is not an act by the mine in furtherance of a petition or free speech, but the allegation the mine purchased its confidential documents. Renewable Resources Coalition, Inc. v. Pebble Mines Corporation (Cal. App. Second Dist., Div. 3; July 30, 2013) 218 Cal.App.4th 384.