Blog Home

Tag: Anti-SLAPP

October 4, 2013

Yee v. Cheung 2013 WL 5496953

Posted by: jab | Share | Comments Off on Yee v. Cheung 2013 WL 5496953

Download Publication The Fourth District holds Code of Civil Procedure 340.6, the statute of limitations for claims premised on an attorney’s professional services, applies to a malicious prosecution claim.  Further, probable cause is established as a matter of law if a motion for nonsuit is denied in the underlying case.  A dispute arose between Don […]

Tags: , ,
Categories: Legal Updates

October 3, 2013

Getfugu, Inc. v. Patton Boggs, LLP 2013 WL 5492575

Posted by: jab | Share | Comments Off on Getfugu, Inc. v. Patton Boggs, LLP 2013 WL 5492575

Download Publication The Second District holds the anti-SLAPP statute does not apply to defamation claims premised on an attorney’s press release, because republication to a nonparticipant it is not protected by the litigation privilege.  Richard Oparil and his firm Patton Boggs, LLP represented Simon Davis and David Warnock in a RICO case against GetFugu, Inc., […]

Tags: ,
Categories: Legal Updates

July 16, 2013

Malin v. Singer 2013 WL 3717056

Posted by: jab | Share | Comments Off on Malin v. Singer 2013 WL 3717056

Download Publication The Second District holds a pre-litigation demand letter was not so extreme as to constitute extortion, and claims based on the letter were subject to an anti-SLAPP motion to strike as protected activity.    Michael Malin and Lonnie Moore owned a restaurant with Shereene Arazm.  Arazm’s attorney Martin Singer sent Malin a demand […]

Tags: ,
Categories: Legal Updates

June 28, 2013

Trapp v. Naiman 2013 WL3845346

Posted by: jab | Share | Comments Off on Trapp v. Naiman 2013 WL3845346

Download Publication The Fourth District holds an attorney is entitled to dismissal under the anti-SLAPP statute where conduct is covered by the absolute litigation privilege.    Bennie G. Trapp, Sr., owned a home and his lender initiated non-judicial foreclosure.  Attorney Randall D. Naiman filed and dismissed several unlawful detainer actions against Trapp’s son, who was […]

Tags: ,
Categories: Legal Updates

April 22, 2013

Mendoza v. Hamzeh (2013) 215 Cal.App.4th 799

Posted by: jab | Share | Comments Off on Mendoza v. Hamzeh (2013) 215 Cal.App.4th 799

Download Publication The Second District affirms denial of an anti-SLAPP motion because defendant’s threat to report plaintiff to law enforcement coupled with a demand for money was extortion, not protected activity.  Attorney Reed Hamzeh represented Guy Chow in a dispute between Chow and his former employee, Miguel Mendoza.  Hamzeh sent a demand letter to Mendoza’s […]

Tags:
Categories: Legal Updates

April 17, 2013

Kleveland v. Siegel & Wolensky, LLP, 2013 WL 1632656

Posted by: jab | Share | Comments Off on Kleveland v. Siegel & Wolensky, LLP, 2013 WL 1632656

Download Publication The Fourth District holds a malicious prosecution claim against an attorney is subject to analysis under the anti-SLAPP statute, but the plaintiff met his burden to demonstrate a probability of prevailing on the merits.  The attorney filed and prosecuted a petition in probate court in bad faith to obtain an unequal division of a […]

Tags: ,
Categories: Legal Updates

April 15, 2013

Castleman v. Sagaser (2013) 216 Cal.App.4th 481

Posted by: jab | Share | Comments Off on Castleman v. Sagaser (2013) 216 Cal.App.4th 481

Download Publication The Fifth District holds claims premised on an attorney’s breach of ethical duties do not involve protected activity under the anti-SLAPP statute.  When Howard Sagaser resigned from his law firm, he accessed the files of clients Bratton and Castleman.  These clients engaged in real estate transactions with each other, pursuant to conflict waivers.  […]

Tags:
Categories: Legal Updates

April 3, 2013

Copenbarger v. Morris Cerullo World Evangelism 2013 WL 1809626

Posted by: jab | Share | Comments Off on Copenbarger v. Morris Cerullo World Evangelism 2013 WL 1809626

Download Publication The Fourth District holds where protected activity to evict a tenant merely precedes or triggers a complaint, but is not the basis of the complaint, it is not subject to the anti-SLAPP statute.  Cerullo leased its interest in real property, and quit-claimed its interest in improvements on the property, to a partnership which […]

Tags:
Categories: Legal Updates

June 12, 2012

Cole v. Patricia A. Meyer & Associates, APC (2012) 206 Cal.App.4th 1095

Posted by: jab | Share | Comments Off on Cole v. Patricia A. Meyer & Associates, APC (2012) 206 Cal.App.4th 1095

Download Publication The Second District holds that attorneys’ passive role as standby counsel did not insulate them from liability for malicious prosecution. Raymond Boucher of Kiesel, Boucher, & Larson and Robert Ottilie were among several attorneys of record for plaintiffs in a shareholder derivative action against Christopher Cole and other directors of Peregrine Systems, Inc.  […]

Tags: , ,
Categories: Legal Updates

May 17, 2012

JSJ Ltd. Partnership v. Mehrban 2012 WL 1739865

Posted by: jab | Share | Comments Off on JSJ Ltd. Partnership v. Mehrban 2012 WL 1739865

Download Publication The Second District holds that an abuse of process and malicious prosecution complaint premised on the filing of a second disability rights lawsuit is constitutionally protected activity under the anti-SLAPP statute.  An abuse of process claim is barred by the litigation privilege.  A voluntary dismissal after a demurrer is sustained with leave to […]

Tags: , ,
Categories: Legal Updates