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Tag: Anti-SLAPP

February 15, 2017

Argentieri v. Zukerberg 2017 WL 605313

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Download Publication The First District holds a press release about a malicious prosecution action is privileged under C.C. §47(d), a fair and true report of an official proceeding, but not under C.C. § 47(b), the litigation privilege.    While a student at Harvard Mark Zukerberg answered an ad posted by Paul Ceglia to provide website […]

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January 10, 2017

Health Smart Pacific, Inc. v. Kabateck 2016 WL 7667365

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Download Publication The Second District holds statements to the media about the allegations in a complaint are privileged under C.C. §47(d), a fair and true report of an official proceeding.  Michael Drobot owned and operated Healthsmart Pacific Inc. which owned and operated Pacific Hospital, specializing in spinal surgeries.  Drobot pled guilty to bribing a state […]

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September 17, 2016

Suarez v. Trigg Laboratories (2016) 3 Cal.App.5th 118

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Download Publication The Second District holds claims of concealment under the guise of attorney-client privilege are protected petitioning activity under California’s Anti-SLAPP statute. Rafael Suarez consulted with Trigg Laboratories and its owner Michael Trygstad to increase company profit and growth, prepare Trigg for an eventual sale, and raise capital under an oral agreement. After Suarez […]

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August 3, 2016

Travelers Casualty Insurance Company of America v. Hirsh (9th Cir. 2016) 831 F.3d 1179

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Download Publication The Ninth Circuit holds a claims about post-settlement failure to disburse settlement funds and to report information to a carrier as mandated by California’s independent counsel statute do not involve protected petitioning activity and are not barred by the litigation privilege. Robert Hirsh was retained to represent Travelers’s insured as independent counsel. When […]

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May 3, 2016

J-M Manufacturing Co. Inc., v. Phillips & Cohen LLP, (2016) 247 Cal.App.4th 87

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Download Publication The Second District holds a press release reporting a trial result is privileged under C.C. §47(d), a fair and true report of an official proceeding.  J-M, a manufacturer of PVC pipes used in underground water systems, was sued by Phillips & Cohen’s clients for false claim act violations.  J-M represented its pipes met […]

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June 29, 2015

Finton Construction, Inc. v. Bidna & Keys, APLC (2015) _ Cal.App.4th _ , 2015 WL 3947116

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Download Publication The Fourth District applies the litigation privilege to dismiss a claim a law firm received stolen goods from its clients. Bidna & Keys, APLC (“B & K”) represented Michael Reeves in a dispute between Reeves and his business partners, John Finton and Daniel Tontini. Reeves, Finton and Tontini owned Finton Construction, Inc. (“FCI”), […]

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May 1, 2015

Bergstein v Stroock & Stroock & Lavan LLP (2015) 236 Cal.App.4th 793

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Download Publication The Second District holds a non-client’s complaint that a law firm aided and abetted his former attorney’s breach of fiduciary duty involves constitutionally protected petitioning activity subject to the anti-SLAPP statute. Despite causes of action labeled as various torts, all the conduct alleged involved communicative conduct protected by the litigation privilege. The statute […]

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March 26, 2015

Loanvest I, LLC v. Utrecht (2015) 235 Cal.App.4th 496

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Download Publication The First District holds that claims by a client against its attorney in the context of litigation are not covered by the anti-SLAPP statute. Loanvest’s Operating Agreement named South Bay Real Estate Commerce Group, LLC (South Bay) as its manager. No other members had voting or management rights, and the manager could be […]

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January 6, 2014

Optional Capital v. DAS Corp. (2014) 222 Cal.App.4th 1388

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Download Publication The Second District holds events triggered by, but not arising from, litigation are not entitled to anti-SLAPP protection or covered by the litigation privilege.  Erica Kim, Christopher Kim, and Christopher’s wife Bora Lee (“Kim”) were fiduciaries of Optional Capital, Inc., a Korean Corporation, and principals of Alexandria Investments, Inc.  DAS Corporation (DAS) was […]

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October 11, 2013

Zealous Advocacy Loses Ground

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(Reprinted from the Los Angeles – San Francisco Daily Journal, October 11, 2013) Attorneys are taught to be zealous advocates for their clients. With rare exception, an attorney’s zealous advocacy should not lead to liability to third parties. Two recent state Court of Appeal decisions demonstrate that the line between zealous advocacy and actionable attorney […]

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