Kaabinejadian

INTRODUCTION

Plaintiff and appellant Massoud Kaabinejadian appeals from a judgment entered

after the trial court granted a special motion to strike (Code Civ. Proc., § 425.16)

brought by defendant Kathaleen Miller. (§ 904.1, subd. (a)(13).) Plaintiff filed this

lawsuit for abuse of process and invasion of privacy against Miller, a lawyer, based on

actions she took while representing her clients in a workers’ compensation proceeding.

Plaintiff has two principal claims: first, that Miller made a misrepresentation in a

submission to the WCAB2 regarding plaintiff’s purported attempt to assault a witness;

and, second, that Miller used a medical subpoena to obtain medical records in violation of

federal privacy law.

We hold that Miller’s conduct was protected litigation activity and plaintiff could

not establish the probability of success on his claims. We do not have jurisdiction to

consider Miller’s counter-argument about the award of attorneys’ fees and costs because

the record does not show that Miller filed a cross-appeal. (Golden Gate Land Holdings

LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 363, citing Estate

of Powell (2000) 83 Cal.App.4th…