Plaintiff is the father of a five-year-old daughter and is going through a divorce. He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached […]
Grant Of Landlords’ Anti-SLAPP Motion Against Tenant Reversed.
Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]
Anti-SLAPP Motion Properly Denied.
After the 2003 Southern California wildfires, attorneys represented insureds for both claims and subsequent bad faith cases. After a claim was settled, the attorneys divided the proceeds on a percentage basis among the client, an attorney and a claims handler. The insurance company brought an action alleging a conspiracy whereby the claims handler would obtain […]
Filing Of Lis Pendens Privileged.
A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that […]
Sleeping With The Enemy.
For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding. Eventually she reported to the sheriff that her husband threatened to kill her and their children. The husband was criminally prosecuted for making terrorist threats and found not guilty. He filed a malicious prosecution […]
Lawyer May Cross-Complain Against Other Lawyers Who Independently Reviewed Settlement.
It started out the usual way. Lawyer had the temerity to sue client for fees, and client promptly cross-complained for legal malpractice in the handling of the underlying marital dissolution action. Lawyer turned around and cross-complained against other lawyers who gave counsel in the settlement of the underlying action. The trial court granted a motion […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]
Dead Beat Dad Remark Protected.
In the midst of a contentious paternity and child support dispute, defendant wrote on a Web site that the public should be careful in dealing with plaintiff because he is a criminal and a deadbeat dad, is into illegal activities, and that she wouldn’t let him into her house. Plaintiff brought an action for defamation, […]
No Interlocutory Review Of Anti-Slapp Motion In Limited Civil Cases.
The appellate division of the superior court does not have jurisdiction to review an order denying a prejudgment anti-SLAPP motion in a limited civil case. The legislative vehicle for appeals to the appellate division, CCP § 904.2, does not specify that such orders are reviewable on direct appeal. Citibank, N.A. v. Tabalon (App. Div. Sup. […]
Defamation, Invasion Of Privacy, Unfair Business Practices, Causes Of Action And Service Of §425.16 Anti-SLAPP Motion.
A genetics company publicly admitted that research was mishandled vis-à-vis previously reported results of studies for a diagnostic test for fetal Down Syndrome. Plaintiff alleges he resigned after he was made an offer “that if he resigned as chief financial officer, he would not be associated with the mishandling and would be separated from others […]
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