Los Angeles citizen James Perry sued Tom Topping for libel and invasion of privacy after Topping published an article stating that the Los Angeles City Attorney had determined that Perry had violated various conflict of interest laws while serving as a member of the Eagle Rock Neighborhood Council. Topping publishes the Boulevard Sentinel newsletter and website.

Soon after filing his complaint in California state court, Perry moved to withdraw his claims because he was too ill to litigate his own case.  A few days later, Topping moved to strike Perry's claims under California's anti-SLAPP laws.  The court granted Perry's motion to withdraw his claims, rendering Topping's motion moot. 

Topping then moved for an award of attorney's fees, claiming that he was entitled to them as a prevailing party under the anti-SLAPP statute.  The court denied Topping's motion, ruling that because Perry voluntarily withdrew the suit before Topping's motion to strike, Topping did not prevail as required by the statute. 

Topping appealed, but the California Court of Appeals affirmed the lower court's ruling.  Topping then appealed to the California Supreme Court, but the Court declined to consider the case.