Clapkin

INTRODUCTION

In this case, one of at least nine so far between two sets of cousins, Shana Levin and Tamara Levin (the Levins) appeal from an order denying their motion under Code of Civil Procedure section 425.16 to strike four causes of action in a cross-complaint filed by Andrew Clapkin, Dina Marshall, Marci Clapkin Weiser, and Karen Callan (the Clapkins). 1 Though the Clapkins’ cross- complaint mentions the Levins’ conduct in some of the other actions, the Clapkins’ causes of action arise from their underlying dispute with the Levins, not from the Levins’ protected litigation activity. Therefore, we affirm the order denying the Levins’ special motion to strike. We also dismiss the Clapkins’ appeal from a nonappealable order denying their motion for attorneys’ fees under section 425.16, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND

A. The Levins and the Clapkins Own Shares in a Family-run Corporation The Levins and the Clapkins are shareholders in JosLevin Realty Corp. of L.A. (JLR), a closely held, family corporation that owns industrial real estate. In the early 1990s Martin Levin, the Levins’ and Clapkins’ grandfather, owned all of JLR’s shares. Martin gave his…