HOLDINGS: [1]-A claim that a developer breached a fiduciary duty when it diverted funds that should have been paid to the homeowners association did not arise from protected activity for purposes of Code Civ. Proc., § 425.16, the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, because the gravamen of the claim was that the breach occurred when the developer controlled the board, well before the litigation commenced; the developer’s argument, based on the complaint’s use of the word “repudiate,” that its only unequivocal statements of refusal to perform were made during the litigation was based on contract law concepts that had no apparent application.
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Outcome
Order affirmed.