Blog Home

Tag: Litigation Privilege

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

January 16, 2013

Rickley v. Goodfriend (2013) 212 Cal.App.4th 1136 (rev. denied April 10, 2013)

Posted by: jab | Share | Comments Off on Rickley v. Goodfriend (2013) 212 Cal.App.4th 1136 (rev. denied April 10, 2013)

Download Publication The Second District holds over a strong dissent an attorney-client conspiracy was properly alleged.  The attorneys owed independent legal duties to the plaintiffs, and thus claims were not precluded by the agent’s immunity rule.  The litigation privilege did not apply, because the communications and affirmative misconduct of the attorneys interfered with the abatement […]

Tags: , ,
Categories: Legal Updates

May 23, 2012

Kerner v. Superior Court (Widom) (2012) 206 Cal.App.4th 84

Posted by: jab | Share | Comments Off on Kerner v. Superior Court (Widom) (2012) 206 Cal.App.4th 84

Download Publication The Second District holds there is no implied waiver when a client’s medical condition precludes assertion of the attorney-client privilege.  When both an attorney and a client declare the existence of the relationship in uncontroverted declarations, the court should acknowledge the relationship even if the attorney does not appear as counsel of record.  […]

Tags: , ,
Categories: Legal Updates

November 2, 2011

Alpha and Omega Development, LP v. Whillock Contracting, Inc. (2011) 200 Cal.App.4th 656

Posted by: jab | Share | Comments Off on Alpha and Omega Development, LP v. Whillock Contracting, Inc. (2011) 200 Cal.App.4th 656

Download Publication The Fourth District holds a recordation of a lis pendens is protected by the litigation privilege so long as it meets the requirements of Civil Code § 47 regardless of the evidentiary merit of the underlying claim. Alpha and Omega Development, LP sued Whillock Contracting Inc.  for slander of title and malicious prosecution […]

Tags:
Categories: Legal Updates

September 28, 2011

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

Posted by: jab | Share | Comments Off on Lefebvre v. Lefebvre (2011) 199 Cal.App. 4th 696

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 […]

Tags: ,
Categories: Legal Updates

July 19, 2011

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

Posted by: jab | Share | Comments Off on Bailey v. Brewer (2011) 197 Cal.App.4th 781

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 […]

Tags: ,
Categories: Legal Updates

March 9, 2011

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

Posted by: Long & Levit | Share | Comments Off on Gerbosi v. Gaims, Weil, West & Epstein, LLP (2011) 193 Cal.App.4th 435

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 […]

Tags: ,
Categories: Legal Updates

March 9, 2010

Seltzer v. Barnes (2010) 182 Cal.App.4th 953

Posted by: jab | Share | Comments Off on Seltzer v. Barnes (2010) 182 Cal.App.4th 953

Download Publication The First District holds that claims based on attorney speech connected to settlement negotiations are protected by the anti-SLAPP statute.  Seltzer sued her homeowners association (HOA) and other parties.  The HOA cross-complained alleging trespass related to destruction of trees.  Seltzer’s carrier retained Barnes who successfully negotiated a settlement and dismissal of the trespass […]

Tags: ,
Categories: Legal Updates

August 21, 2009

Cabral v. Martins (2009)177 Cal.App.4th 471

Posted by: jab | Share | Comments Off on Cabral v. Martins (2009)177 Cal.App.4th 471

Download Publication The First District holds that attorneys who provide legal services to family members allegedly trying to evade a child support judgment are entitled to anti-SLAPP protection from claims of the judgment creditor under child support enforcement statutes. Tammy Cabral had a significant judgment against her ex-husband James Cabral for unpaid child support.  James’s […]

Tags: ,
Categories: Legal Updates

February 17, 2009

GenaThera, Inc. v. Troy & Gould, APC, (2009) 171 Cal.App.4th 901

Posted by: jab | Share | Comments Off on GenaThera, Inc. v. Troy & Gould, APC, (2009) 171 Cal.App.4th 901

Download Publication The Second District holds that claims based on the communication of a settlement offer to a co-defendant is subject to the anti-SLAPP statute and that the communication is covered by the litigation privilege.  Shoemaker represented GenaThera and Linda Bryan, defendants in an action Troy & Gould filed against them on behalf of MAG […]

Tags: ,
Categories: Legal Updates