Slaney

Slaney v. Ranger Insurance

Good Law
115 Cal. App. 4th 306·2004 Cal. App. LEXIS 112·2004 Daily Journal DAR 1013·8 Cal. Rptr. 3d 915·2004 Cal. Daily Op. Serv. 836
Court of Appeal of CaliforniaJanuary 28, 2004B158817California5,294 words

Opinion

Opinion

Hastings, J.

INTRODUCTION

This appeal reaches us after the denial of a special motion to strike pursuant to Code of Civil Procedure section 425.16, the so-called anti-SLAPP statute. The complaint to which the motion was directed is for malicious prosecution brought by respondent Richard Slaney. Named as defendants in the action are appellants Ranger Insurance Company, the Law Officers of Wasserman & Miller, and Arthur Wasserman, individually.

The underlying action giving rise to this claim resulted from Ranger’s denial of a claim by its insureds for damages to an aircraft owned by the insureds. On behalf of the insureds, Slaney prepared an estimate for repair of the aircraft in support of the claim. Ranger denied the claim asserting that its insureds and Slaney had presented a fraudulently excessive claim. The insureds sued Ranger and others for bad faith, among other causes of action. Ranger cross-complained against its insureds and Slaney, alleging fraud in connection with the claim. Slaney initially moved unsuccessfully for summary judgment, but successfully renewed the motion after discovery and was dismissed from the action. After a jury trial, the insureds prevailed and…

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