HOLDINGS: [1]-A trial court erred in granting plaintiffs, a nurse and two health care providers, leave to amend their complaint against the medical director of a drug and alcohol rehabilitation facility as to one cause of action for breach of contract where the order granting the medical director’s anti-SLAPP motion under Code Civ. Proc., § 425.16, had found that all the speech was protected and that there was no probability plaintiffs would prevail on the complaint as alleged, and there was no allegation of nonprotected activity constituting a breach of contract in the original complaint, but rather, the alleged breach was directly and exclusively tied to statements that the medical director allegedly made to the California Nursing Board, and the alleged damages all related to the nurse’s potential discipline.
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Outcome
Order reversed and matter remanded.