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Tag: Anti-SLAPP

November 7, 2011

Roberts v. McAfee, Inc. 660 F.3d 1156 (9th Cir. 2011)

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Download Publication The Ninth Circuit holds that as long as a defendant has sufficient objectively reasonable evidence to suspect a crime, a plaintiff cannot establish lack of probable cause to support a malicious prosecution claim.  This is true even if a defendant has also provided false or exaggerated evidence to prosecutors.  Kent Roberts, general counsel […]

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September 28, 2011

Lefebvre v. Lefebvre (2011) 199 Cal.App. 4th 696

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Download Publication The Second District holds that a false police report is not constitutionally protected conduct for purposes of analysis under California’s anti- Strategic Lawsuit Against Public Participation Statute, despite the fact that it is potentially protected by the litigation privilege. In the midst of divorce proceedings Alice Lefebvre falsely reported to law enforcement that […]

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August 30, 2011

Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153

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Download Publication  The Second District holds that illegal conduct not protected by the anti-SLAPP statute is limited to criminal conduct. Although attorney conduct may be protected activity under the anti-SLAPP statute, where attorney conduct reveals client secrets a client can nonetheless establish a probability of prevailing for claims of breach of fiduciary duty and confidentiality, because […]

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July 19, 2011

Bailey v. Brewer (2011) 197 Cal.App.4th 781

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Download Publication The Second District holds that a pre-litigation statement made in connection with a claim barred by res judicata is not protected under California’s Anti-Strategic Lawsuit Against Public Participation Statute.  Stafford Bailey employed Michael Brewer as a cameraman to shoot a documentary film.  Bailey hired another cameraman to reshoot much of the footage because […]

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June 29, 2011

Bleavins v. Demarest (2011) 2011 WL 2557256 (Cal.App. 2nd Dist.)

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Download Publication The Second District holds that an attorney retained by an insurer to defend intentional causes of action is protected by the anti-SLAPP statute from claims by the client’s opponent. John Demarest and his law firm, Hanger, Steinberg, Shapiro & Ash (Demarest) were retained by Allstate to defend David Bleavins’s neighbors in a lawsuit […]

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May 16, 2011

Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811

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Download Publication The California Supreme Court overrules a Court of Appeal decision granting an anti‑SLAPP motion where an attorney acted adversely to his former client with respect to an ongoing matter that was the precise subject of his prior representation. Oasis West Realty (“Oasis Realty”) retained Reed Smith partner Goldman to represent it in its […]

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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 […]

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February 11, 2011

Coretronic Corp. v. Cozen O’Connor (2011) 192 Cal.App.4th 1381

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Download Publication The Second District holds that a case alleging ethical violations was not subject to the anti-SLAPP statute because the gravamen of the claims was unrelated to protected activity. Coretronic Corporation, Optoma Technology, Inc., and Technical Service Corporation (Coretronic) were sued by E & S International Enterprises, Inc.  (E & S) in a trade […]

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June 10, 2010

G.R. v. Intelligator (2010) 185 Cal.App.4th 606

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Download Publication The Fourth District holds that an attorney was protected by the anti-SLAPP statute from a claim by an adverse party, even when the attorney admittedly failed to follow a court rule protecting personal information Irene Intelligator represented G.R.’s wife in marital dissolution proceedings.  Intelligator filed a motion attaching un-redacted copies of credit reports […]

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May 17, 2010

Simpson Strong-Tie Company, Inc. v. Gore (2010) 49 Cal.4th 12

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Download Publication The California Supreme Court holds that claims premised on an attorney’s advertisement implying that a product is defective and offering to investigate is protected by California’s anti-SLAPP statute.  Attorney Pierce Gore placed a newspaper advertisement stating that consumers may have certain legal rights if they had a wooden deck built with galvanized screws […]

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