Anti-SLAPP Motion Properly Denied.

After the 2003 Southern California wildfires, attorneys represented insureds for both claims and subsequent bad faith cases. After a claim was settled, the attorneys divided the proceeds on a percentage basis among the client, an attorney and a claims handler. The insurance company brought an action alleging a conspiracy whereby the claims handler would obtain clients to submit insurance claims, submit false or inflated estimates of damage. The attorneys contend they were legitimate claims, but to the extent they were not the attorneys believed they were. The attorneys filed anti-SLAPP motions under Code of Civil Procedure section 425.16, which the trial court denied after concluding protected activity was not at stake. The appellate court affirmed, stating that the “bald assertions that the claims were submitted with the subjective intent that litigation would follow are insufficient, without more, to constitute prima facie evidence that the insurance claims constituted prelitigation conduct.” The People ex rel. Fire Insurance Exchange v. Anapol  (Cal. App. Second Dist., Div. 3; December 6, 2012) (Case No. B233521).