Rand

Appellant Gary Rand appeals from an order denying his special motion to strike the complaint of California Back Specialists Medical Group, Conejo Neurological Group, Inc., doing business as Medical Imaging Medical Group, Conejo Neurological Group, Inc., and Thousand Oaks Spine Medical Group, Inc. (CBSMG), as a SLAPP suit (strategic lawsuit against public participation) pursuant to Code of Civil Procedure section 425.16. Appellant contends that (1) CBSMG’s complaint arose from protected activity, (2) CBSMG did not establish a probability of prevailing, and (3) the court’s award of attorney fees to CBSMG was unauthorized. We affirm. Appellant did not meet his burden of showing that CBSMG’s lawsuit arose from protected activity and the fee award was authorized.

Factual and Procedural Background

Appellant is an attorney. His clients, Frank and Mona Beltran (the Beltrans), were injured in automobile accidents in 1997 and 1998. CBSMG provided their medical treatment, pursuant to liens on their personal injury actions. Appellant represented the Beltrans in the underlying personal injury actions. The personal injury actions were resolved, and appellant disbursed the proceeds…