Barclay v. Jesse M. Lange Distributor

Plaintiffs George Terry and Wendy Terry allege they were falsely accused of having an inappropriate sexual relationship with a minor female in their work as church youth group leaders. Plaintiffs appeal from a judgment and attorneys fee award, following the granting of a motion to strike the complaint as a strategic lawsuit against public participation (SLAPP) under Code of Civil Procedure section 425.16, filed by defendants Davis Community Church, affiliated with United Presbyterian Church in the USA (the Church), Pastor Mary Lynn Tobin, and Church leaders/affiliates Lynn DeLapp, Gary Albertson, Michael Coleman, and Sandra Lommasson. Plaintiffs contend this is not an anti-SLAPP case because (1) the lawsuit does not arise from acts in furtherance of the right to petition or free speech regarding a public issue, and (2) plaintiffs will probably prevail on the merits. Defendants cross-appeal from the amount of attorneys fees awarded to them.