This decision holds that Jordan-Benel v. Universal City Studios, Inc. (9th Cir. 2017) 859 F.3d 1184 is no longer good law in light of the Cal. Supreme Court’s later decisions in Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057 and Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995. To state a claim for an implied in fact contract to pay for disclosure of a story idea, the plaintiff must allege that the defendant used the idea. Here, the alleged use was in a public television program. So that protected conduct was a necessary element of the breach of implied contract claim, bringing the entire cause of action within the Anti-SLAPP statute’s scope. Plaintiff failed to show a probability of success on the claim because a third party disclosed her idea to defendant before plaintiff did and not under any promise express or implied to pay for the idea.