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March 9, 2011

Gerbosi v. Gaims, Weil, West & Epstein, LLP (2011) 193 Cal.App.4th 435

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The Second District holds that claims against an attorney premised on illegal wiretapping are not subject to the anti-SLAPP statute because the activity is not constitutionally protected.

When Robert Pfeifer sued his former employer for wrongful termination, his ex-girlfriend Erin Finn was deposed and supported an allegation of drug use.  Pfeifer’s counsel hired investigator Anthony Pellicano to investigate Finn, ostensibly in her role as a witness in Pfeifer’s civil action. Pfeifer subsequently retained Gaims, who communicated with Pellicano.  Gaims also represented Pfeifer in a domestic harassment injunction filed by Finn, a collection matter filed against Finn, and a tort claim filed against Finn.

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