KREEGER

KREEGER v. Wanland

Good Law
141 Cal. App. 4th 826·2006 Cal. App. LEXIS 1144·2006 Daily Journal DAR 9690·46 Cal. Rptr. 3d 790·2006 Cal. Daily Op. Serv. 6800
Court of Appeal of CaliforniaJuly 25, 2006C049470California3,120 words

Opinion

Opinion

Hull, J.

Defendants, Donald M. Wanland and Law Offices of Wanland & Bernstein (Wanland & Bernstein), appeal from an order of the trial court denying their special motion to strike under the anti-SLAPP (anti-strategic lawsuit against public participation) statute (Code Civ. Proc., § 425.16 (hereafter section 425.16)). They contend plaintiffs, Christopher L. Kreeger and Mastagni, Holstedt & Amick, PC., the successor to Mastagni, Holstedt, & Chiurazzi, P.C. (Mastagni), failed to satisfy their burden of demonstrating a probability of prevailing on the merits. We disagree and affirm the order.

FACTS AND PROCEEDINGS

This is the third in a series of lawsuits stemming from a minor automobile accident in 1999. We take judicial notice of our decision from an earlier appeal in one of these actions (Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi (Mar. 30, 2004, C042918) [nonpub. opn.] (hereafter C042918)). (Evid. Code, § 452, subd. (c).)

On August 3, 1999, Shannon Mello and Georgia Wanland were involved in an automobile accident. At the time of the accident, Mello was a clerical employee of Mastagni. She reported the accident to Michael Kelly, a Mastagni attorney. Georgia Wanland…

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