Opinion
Nos. 06-55790, 07-56399, 07-56404.
Argued and Submitted July 17, 2008.
Filed July 28, 2008.
Anthony J. Dain, Kendra J. Hall, Frederic G. Ludwig, III, Procopio Cory Hargreaves Savitch, San Diego, CA, for Plaintiff-Appellee.
Thomas V. Reichert, Bird Marella, et al., PC, Los Angeles, CA, for Defendants-Appellants.
Jason D. Kogan, Bird Marella, et al., PC, Los Angeles, CA, Earll M. Pott, Coughlan Semmer and Lipman, San Diego, CA, for Defendants.
Appeal from the United States District Court for the Southern District of California, Larry A. Burns, District Judge, Presiding. D.C. No. CV-04-02085-LAB/WC.
Before: SILVERMAN, RAWLINSON, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appellant Encore Capital Group and individual defendants appeal the district court's denial of their special motion to strike pursuant to California's anti-SLAPP law, Cal. Code Civ. Proc. § 425.16. Because the parties are familiar with the facts, we do not set them forth here. We have jurisdiction to hear this case under 28 U.S.C. § 1291. Batzel v. Smith, 333 F.3d 1018, 1024-25 (9th Cir. 2003).
We affirm. The filing of a registration statement with the Securities and Exchange Commission does not constitute a "writing made before" or "in connection with an issue under consideration or review by" an "official proceeding authorized by law" within the meaning of California Code of Civil Procedure § 425.16(e)(1) and (e)(2).
We do not consider whether it is a "writing made in connection with an issue under consideration or review" by an "executive . . . body," Cal. Code Civ. Proc. § 425.16(e)(2), because that argument was not presented in Appellant's opening brief, nor before the district court. Indep. Towers of Wash. v. Wash., 350 F.3d 925, 929 (9th Cir. 2003).
AFFIRMED.