Gettel

I. FACTUAL AND PROCEDURAL BACKGROUND

The following factual summary is taken from the complaint and the parties’ supporting declarations and documents. Gettel hired Wells to represent him in a contract dispute brought by John M. Saich and Nichole L. Saich in Santa Clara County Superior Court. In lieu of answering the Saiches’ complaint, Gettel moved to quash service of process. Gettel applied to remove the motion to quash from the trial court’s law and motion calendar on the ground that additional discovery was required. The trial court granted Gettel’s application. Gettel then moved to issue a non-statutory subpoena, which the trial court denied for lack of jurisdiction, finding Gettel had abandoned the motion to quash by taking it off calendar. After Gettel failed to answer the complaint, the Saiches obtained a default judgment. While the Santa Clara County lawsuit was pending, Gettel initiated two separate actions in Santa Cruz County Superior Court against the Saiches for abuse of process and against their attorney for conspiracy to commit abuse of process. Gettel alleged the Saiches maliciously brought their action in the wrong venue to obtain a “home court” advantage for…