GeneThera, Inc. v. Troy & Gould Professional Corp.

Appellants GeneThera, Inc., GTI Corporation Transfer Agents, LLC, Antonio Milici, and Tannya L. Irizarry appeal from an order granting a special motion to strike their complaint as a strategic lawsuit against public participation (SLAPP; see Code Civ. Proc., § 425.16 et seq.), and from the subsequent entry of judgment for respondents. Respondents are Attorney Jeffrey Rosenfeld and his law firm, Troy & Gould Professional Corporation (collectively TG), and their clients M.A.G. Capital, LLC, Mercator Momentum Fund, L.P., Mercator Momentum Fund III, L.P., and Monarch Pointe Fund, Ltd. (collectively MAG). Appellants assert the trial court erred in ruling that (1) respondents met the threshold requirement of showing appellants’ action arose from protected activity, and (2) appellants had not shown a reasonable probability of success on the merits. We hold an attorney’s communication of an offer of settlement to counsel for an opposing party is protected activity subject to the absolute litigation privilege, and the trial court properly ruled appellants’ lawsuit is a SLAPP action. Because appellants did not show a likelihood of success, we therefore affirm the judgment.

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