Moore

Frances L. Diaz petitions this court for relief from an order of the superior court finding her in contempt for refusing to comply with an order to answer questions at a judgment debtor examination. The underlying judgment awarded attorney fees against both Diaz and her then client Dr. Sheila G. Moore, jointly and severally, after a special motion to strike Moore’s complaint was granted. We hold that the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc., § 425.16) does not authorize an award of attorney fees against plaintiffs counsel. Because the underlying judgment is therefore void as to Diaz, we grant the petition.

BACKGROUND

This case has a long appellate history. Below is a summary of the portions of that history that are relevant to analysis of the present proceeding.

Diaz represented Dr. Sheila G. Moore in a lawsuit filed against Barry B. Kaufman in April 2000. Moore voluntarily dismissed the suit without prejudice but, one year later, succeeded in vacating the dismissal and having the action reinstated.

Kaufman filed a special motion to strike Moore’s complaint pursuant to section 425.16 and also filed a motion for…