Kemps
Kemps v. Beshwate
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’…