Gallimore

Gallimore v. State Farm Fire & Casualty Insurance

Good Law
102 Cal. App. 4th 1388·126 Cal. Rptr. 2d 560·2002 Cal. App. LEXIS 4841·2002 Daily Journal DAR 12183·2002 Cal. Daily Op. Serv. 10585
Court of Appeal of CaliforniaOctober 22, 2002B147937, B156219California5,150 words

Opinion

Opinion

Croskey, J.

In these consolidated appeals, plaintiff and appellant, Ronald Gallimore, seeks relief from a judgment of dismissal entered following the trial court’s order granting a motion to strike under Code of Civil Procedure section 425.16 (the so-called anti-SLAPP [strategic lawsuit against public participation] statute). He also appeals from the subsequent order of the trial court awarding attorney’s fees pursuant to section 425.16, subdivision (c). (See fn. 8, post.) Defendants and respondents include State Farm Fire & Casualty Insurance Company and State Farm Mutual Automobile Insurance Company and a number of their employees (hereafter collectively referred to as State Farm).

Based on allegations of claims handling misconduct by State Farm, plaintiff sought relief under Business and Professions Code sections 17200 et seq. State Farm responded to plaintiffs complaint with a motion to strike under section 425.16. State Farm argued that plaintiffs allegations were based upon, and arose from, confidential written reports and related materials that State Farm had filed with the Department of Insurance and thus constituted a “SLAPP suit” and fell within the gatekeeping provisions…

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