Mallard

INTRODUCTION

Plaintiff Winly Mallard filed a complaint against Progressive Choice Insurance Company (Progressive) and its attorney, Rivers J. Morrell III (collectively referred to as defendants) for invasion of privacy and abuse of process. Mallard’s claims were based on defendants’ conduct of seeking discovery of her mental health records by subpoenaing third party health care providers, in preparation of Progressive’s defense against Mallard’s uninsured motorist claim. Mallard served Morrell but not Progressive with service of process, and, in response, Morrell filed an anti-SLAPP motion to strike the complaint pursuant to Code of Civil Procedure section 425.16. (All further statutory references are to the Code of Civil Procedure unless otherwise specified.) The trial court granted the anti-SLAPP motion, dismissed the entire complaint against defendants with prejudice, and awarded Morrell attorney fees under section 425.16, subdivision (c).

We affirm the order granting Morrell’s anti-SLAPP motion. Insurance Code section 11580.2 requires that automobile insurance policies include a provision whereby the insured and the insurer agree to submit uninsured motorist claim…