Drell

Defendants Bob M. Cohen and Bob M. Cohen and Associates Law Corporation represented- nonparty Paul Slack in a personal injury action on a contingent fee basis. They withdrew from the representation and plaintiff Michael Drell took over Mr. Slack’s case. Defendants asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds to Mr. Slack was subject to a lien for their fees incurred during their representation.

Plaintiff negotiated the settlement of Mr. Slack’s case, but the insurer made the check payable to plaintiff and defendants. Plaintiff filed this declaratory relief action, to determine the status of defendants’ lien. Defendants filed a special motion to strike the complaint, averring it arose from their protected activity of asserting a lien in a demand letter that threatened litigation. (Code Civ. Proc., § 425.16, subd. (b)(1).) The trial court denied the motion, finding the gravamen of the complaint was not protected activity. The trial court also denied plaintiff’s request for attorney fees.

On appeal, defendants contend the trial court erred in denying their motion, reasoning the assertion of their lien…