The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute
Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.
Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of […]
Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.
A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. […]
No Anti-SLAPP Protection For Wrongful Execution Of Warrant.
Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors. She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]
Not Protected Activity Under Anti-SLAPP Statute.
A doctor brought an action against a hospital alleging both race and gender discrimination in several ways in different causes of action. The trial court granted the hospital’s anti-SLAPP motion, and the doctor appealed. The appellate court, while recognizing the hospital’s peer review process was involved in the doctor’s termination, reversed with regard to the […]
Attorney Fees Incurred To Enforce A Judgment For Attorney Fees Obtained Under Anti-SLAPP Statute Recoverable As Costs.
The trial court denied a request for attorney fees incurred in enforcing a judgment for fees awarded for the successful defense of a SLAPP suit [Strategic Litigation Against Public Participation; Code of Civil Procedure section 425.16]. On appeal, the losing party argued she was entitled to a fee award pursuant to Code of Civil Procedure […]
Fee Dispute Not Elevated To The Constitutional Arena.
Both parties are lawyers. The defendant first represented a man in a personal injury lawsuit. When defendant withdrew from representation, plaintiff represented the man. Defendant asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds was subject to a lien for defendant’s fees. Plaintiff negotiated […]
Trial Court Properly Denied Anti-SLAPP Motion Of Lawyers.
Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]
Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.
A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Attorney Fees Incurred By Law Firm, Redux.
Lawyers sued client for fees. Client cross-complained. Lawyers brought anti-SLAPP motion to strike cross-complaint. (Code of Civil Procedure section 425.16.) The trial court granted the motion to strike and awarded attorney fees to the lawyers. The appellate court, relying on case law holding attorneys may not recover fees for self-representation, reversed the award of fees […]
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