Filed 8/18/20 Tran v. Eat Club CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CYNTHIA KIM TRAN, H046773 (Santa Clara County Cross-defendant and Respondent, Super. Ct. No. 18CV332082) v. EAT CLUB, INC., Cross-complainant and Appellant. Eat Club, Inc. (Eat Club) appeals from the trial court’s March 8, 2018 order granting Cynthia Kim Tran’s special motion to strike (anti-SLAPP motion) as to the first cause of action of Eat Club’s cross-complaint pursuant to Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute.1 (See §§ 904.1, subd. (a)(13), 425.16, subd. (i); Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 880 (Wilson).) In its order, the trial court denied Tran’s anti-SLAPP motion as to the cross-complaint’s third through sixth causes of action because she failed to show that those claims arose from activity that was protected by the anti-SLAPP statute. Eat Club also challenges the attendant award of $8,310 in attorney fees and costs, which was made pursuant to section 425.16, subdivision (c)(1). (See Baharian-Mehr v. Smith (2010) 189 Cal.App.4th 265, 273-275.) 1 All further statutory references are to the Code of Civil Procedure unless otherwise provided. “SLAPP is an acronym for ‘strategic lawsuit against public participation.’ [Citation.]” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 815, fn. 1.) We conclude that Tran’s anti-SLAPP motion was properly granted as to the first cause of action for “civil extortion” of Eat Club’s cross-complaint and that the trial court did not abuse its discretion in awarding attorney fees and costs. Accordingly, we affirm the March 8, 2018 order.2 I Procedural History Complaint On July 20, 2018, Tran and Rosy Picasso, who were former human resources employees of Eat Club, filed a complaint against Eat Club. It alleged eight causes of action: (1) sexual discrimination in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); (2) race discrimination in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to take steps to prevent and correct harassment, discrimination, and retaliation in violation of FEHA; (5) violation of California’s amended Equal Pay Act (Labor Code, §§ 1197.5, 1194.5); (6) retaliation in violation of Labor Code section 1102.5 (whistle-blower retaliation); (7) wrongful termination in violation of public policy; and (8) unlawful business practices (Bus. & Prof. Code, § 17200, et seq.). The complaint described Eat Club as “a provider of corporate catering services,” which it offered “to various clients throughout California . . . .” It also alleged the following facts. Tran, a 47-year-old woman, was “the Chief People Officer (CPO) (aka the Head of Human Resources) for Defendant Eat Club.” “She was employed from December ...
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