PrediWave Corp. v. Simpson Thacher & Bartlett LLP

PrediWave Corporation (PrediWave) sued Simpson Thacher & Bartlett LLP (defendant law firm), Attorney George M. Newcombe, and Attorney Alexis S. Coll-Very, who had previously represented both PrediWave and its former president and CEO, Jianping “Tony” Qu (Qu). Defendants successfully brought a special motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16). PrediWave appeals from the order granting the motion. (§§ 425.16, subd. (i), 904.1.)

We reverse.

A. Procedural History and Background

Appellant PrediWave filed a complaint for damages stating four causes of action: (1) breach of fiduciary duty by defendants, (2) constructive fraud by defendants, (3) legal malpractice by defendants, and (4) violation of Business and Professions Code section 17200 et seq. by defendant law firm.

On June 10, 2008, defendants filed an anti-SLAPP motion pursuant to section 425.16. Appellant PrediWave subsequently filed a first amended complaint. The trial court did not consider this latter complaint in ruling on the anti-SLAPP motion. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1052, 1054-1056 [ 18 Cal.Rptr.3d 882 ] [no…