Apc
American Products Co. v. Law Offices of Geller, Stewart & Foley
Opinion
Opinion
Hollenhorst, J.
Plaintiff American Products Co, Inc. (APC), appeals after summary judgment was granted in favor of defendants Law Offices of Geller, Stewart & Foley, and Michael S. Geller (collectively referred to as the Geller defendants) in APC’s action for intentional interference with prospective economic advantage/contractual relationship and violating Business and Professions Code section 17200. The principal issue on appeal is the extent of the litigation privilege in Civil Code section 47, subdivision (b) (section 47(b)) as it applies to the Geller defendants’ demand letters to some of APC’s customers prior to the filing or initiation of a lawsuit.
PROCEDURAL BACKGROUND AND FACTS
APC is a manufacturer of after-market automotive accessories. Its accessories include accessory lighting kits for vehicles, such as specialty parking light kits and specialty exhaust tip lights. APC’s products are sold in automotive parts and accessory stores, such as The Pep Boys-Manny, Moe & Jack of California (Pep Boys) and CSK Auto, Inc., doing business as Kragen Auto Parts (Kragen).
On September 5, 2002, the Geller defendants wrote to Pep Boys and identified their client as Michael D. Freeman…