Miller v. Merchasin CA1/5

BACKGROUND

Factual Background Prior to the events giving rise to this action, Miller and Galande lived and operated their business, Miller-Galande Antiques, in a property they owned in San Francisco (the property). On December 31, 1996, there was a fire on the property. On January 2, 1997, Miller and Galande retained Consolidated Adjusting, Inc. (Consolidated), to negotiate on their behalf with their insurance company regarding their claim for fire-related losses.

SLAPP stands for strategic lawsuits against public participation. (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) 1 The retainer agreement provided that Consolidated would receive 10 percent of the insurance company‟s payment on the claim. The claim had not settled by April, and Consolidated advanced Miller and Galande $7,000.2 More months passed without settlement. Miller believed that Consolidated was holding out for a settlement that was substantially higher than the amount of actual damage to the property. In November, frustrated by the delays, Miller and Galande terminated Consolidated and hired an attorney who, in April 1998, settled their insurance claim for $163,230. The…