Diaz

Leegin Creative Leather Products, Inc. v. Santiaguin

Good Law
131 Cal. App. 4th 1517·2005 Cal. App. LEXIS 1292·2005 Daily Journal DAR 10074·33 Cal. Rptr. 3d 139·70 Cal. Comp. Cases 1108
Court of Appeal of CaliforniaAugust 18, 2005B173872California3,326 words

Opinion

Opinion

INTRODUCTION

This is a fraud action brought by an employer against one of its employees. The employer contends the employee has knowingly filed a fraudulent workers’ compensation claim. The employer’s alleged damages are the increased insurance premiums it will be required to pay as a result of the claim. The employee filed a special motion to strike the employer’s complaint under Code of Civil Procedure section 425.16, the so-called anti-SLAPP statute (strategic lawsuit against public participation). The trial court granted the motion. The employer appeals. We affirm because there is no probability that the employer will prevail upon its fraud claim.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Complaint

On June 17, 2003, Leegin Creative Leather Products, Inc. (Leegin) filed a fraud complaint against Carolina Diaz Santiaguin alleging the following facts.

On January 3, 2003, Santiaguin informed Leegin that she was suffering from work-related injuries based on an event that had occurred on December 2, 2002. Leegin sent Santiaguin to the industrial health clinic it uses to diagnose and treat its employees for work-related injuries. From January 4, 2003 to April 8, 2003,…

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