Kemps

Kemps v. Beshwate

Good Law
102 Cal. Rptr. 3d 480·180 Cal. App. 4th 1012·2009 Cal. App. LEXIS 2095
Court of Appeal of CaliforniaDecember 30, 2009F056377California2,099 words

Opinion

Opinion

Vartabedian, J.

This is an appeal from an order striking a complaint upon the granting of an anti-SLAPP (strategic lawsuit against public participation) motion. (See Code Civ. Proc., § 425.16, subd. (i) [order granting or denying special motion to strike is an appealable order].) Plaintiff and appellant Shirlee Kemps contends the trial court erred in concluding that the anti-SLAPP statute was applicable to her second amended complaint and that she had not established a probability she would prevail on the merits of her causes of action. Kemps’s lawsuit stems from her arrest on a bench warrant arising from her alleged failure to appear as a subpoenaed witness. We will conclude the court did not err and, accordingly, will affirm the order striking the complaint.

Facts and Procedural History

Defendant and respondent Richard A. Beshwate represented a defendant, Timothy Young, in a multiple-murder case in Tulare County. As part of the defense case, Beshwate sought to show that Young had been at a medical examination with Dr. Charles Heller on the day of the murders.

Kemps is the owner of Sierra Valley Medico, Inc., apparently a company providing medical examinations in workers’…

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