Kurwa

Plaintiff Badrudin Kurwa, M.D. (Dr. Kurwa), sued defendant lawyers Harrington, Foxx, Dubrow & Canter, LLP, and Dale B. Goldfarb (together, Harrington Foxx) for tortious interference with contractual relations. Harrington Foxx filed a special motion to strike, contending that the lawsuit was a SLAPP suit (strategic lawsuit against public participation), that is, a meritless action arising from Harrington Foxx’s exercise of its constitutionally protected free speech rights. The trial court denied the motion, and Harrington Foxx appealed. Finding no error, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Dr. Kurwa and Mark Kislinger, M.D. (Dr. Kislinger), both licensed ophthalmologists, formed Trans Valley Eye Associates, Inc. (Trans Valley) in 1992 in order to enter into a capitation agreement (the Capitation Agreement) with the Huntington Provider Group, a health maintenance organization serving patients in the San Gabriel Valley and environs (the HMO). Pursuant to the terms of the Capitation Agreement, Trans Valley agreed to provide to the HMO members ophthalmology care in consideration of the payment of a monthly per capita fee, that is, a fee based on the number of…