SLAPP Ex Nihilo? No.

Med. Marijuana, Inc. v. ProjectCBD.com, No. D068523 (D4d1 as modified Dec. 16, 2016)

This case fronts a question that I wrote about three years ago in connection with a post on 2013’s Trapp v. Neimann: When a complaint fails to allege any conduct at all by a particular defendant, does that defendant have a valid anti-SLAPP motion if the fleshed-out counts against other defendants arise from protected activity? Those were the facts of Trapp, but the court didn’t address the issue. It did, however, find the first prong of the SLAPP analysis was met in an unsatisfyingly truncated analysis, of which I was kind of doubtful.