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Tag: Litigation Privilege

February 26, 2008

Taheri Law Group v. Evans (C.A. 2nd, Feb. 26, 2008) 08 C.D.O.S. 2289

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Download Publication The Second District holds that an attorney’s advice concerning whether a client should discharge his current counsel and pay legal fees is protected activity in furtherance of the right to petition under the anti-SLAPP statute.  Taheri Law Group sued Neil C. Evans for intentional interference with prospective economic advantage and intentional interference with […]

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October 11, 2007

Home Insurance Company v. Zurich Insurance Company

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Download Publication The Third District holds that an attorney’s misrepresentation of his client’s insurance policy limits is privileged under California Civil Code §47(b). Luana Pinasco and her husband Norman Main, Home Insurance Company (“Home”) insureds, were injured in an automobile accident caused by Michelle Canfield, the daughter of two Maryland Insurance Company (“Maryland”) insureds.  Pinasco […]

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August 13, 2007

Rohde v. Wolf (2007) 154 Cal.App.4th 28

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Download Publication The Second District holds that pre-litigation conduct is petitioning conduct protected by the anti-SLAPP statute. When Peter Metsos died and his children disputed the distribution of their father’s assets Michael Wolfe represented the son, George Metsos.  Daughter Sophia Rohde’s attorney commented that it appeared the matter would have to be litigated.  George and […]

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July 30, 2007

Philipson & Simon v. Gulsvig (2007) 154 Cal.App.4th 347

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Download Publication The Fourth District holds that a cross-complaint based substantially upon defendant’s initiation of arbitration and a subsequent complaint constitutes petitioning activity for purposes of the anti-SLAPP statute.     Lori Gulsvig was a shareholder and officer of CSS California, which hired the law firm of Philipson & Simon (“P&S”) to collect an account receivable […]

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February 23, 2006

Rusheen v. Cohen (2006) 37 Cal.4th 1048

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Download Publication The Supreme Court holds that the litigation privilege protects a non-communicative act that derives from a communicative act. Barry Cohen used a process server’s declaration of personal service of a complaint and vexatious litigant order to obtain a default judgment against Terry Rusheen.  Cohen’s client filed a notice of foreign judgment in Nevada […]

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February 22, 2005

Wentland v. Wass (2005) 126 Cal. App.4th 1484

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Download Publication The Third District holds that application of the litigation privilege in a breach of contract context turns on the policies underlying the privilege. Warren Wass and Walter Reiss brought an action for an accounting in three real estate partnerships managed by Charles Wentland.  In opposition to Wentland’s motion for summary judgment Wass and […]

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January 5, 2004

Hagberg v. California Federal Bank (2004) 32 Cal.4th 350

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Download Publication The California Supreme Court holds that the litigation privilege protects all reports of criminal activity to law enforcement. Lydia Ortiz Hagberg was reported to the police based on a bank employee’s suspicion that she was presenting a counterfeit check.  The bank employee learned that the check was legitimate, and attempted but was unable […]

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April 29, 2003

Mansell v. Otto (2003) 108 Cal.App.4th 265

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Download Publication The Second District holds that the litigation privilege will not bar invasion of privacy claims in the litigation context for non-communicative conduct.  However, there is no cause of action for invasion of privacy where confidential records are obtained through legitimate court process. Jeffrey Manning Carlton retained Douglas Otto, Edward George and Armand Arabian […]

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March 27, 2003

1-800 Contacts, Inc. v. Steinberg (2003) 107 Cal.App.4th 568

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Download Publication The California Court of Appeal for the Second District holds CCP § 425.16 will apply to cases arising out of constitutionally protected activity, even where it is alleged the activity was illegal. Condor was an in-house attorney for 1- 800 Contacts.  When he left this position he agreed to keep confidential information he […]

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August 29, 2002

Navellier v. Sletten (2003) 106 Cal.App.4th 763

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Download Publication On remand from the California Supreme Court, the First District holds that the litigation privilege does not automatically bar a complaint based on the Constitutionally protected activity of the right to petition.  It also holds that the litigation privilege will not preclude liability for breach of contract. Navellier was an investment advisor for […]

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