Alkasabi

Alkasabi v. Seahaus La Jolla Owners Assn. CA4/1

Good Law
Court of Appeal of CaliforniaApril 24, 2015D065935California2,160 words

Opinion

Opinion

Huffman, J.

BACKGROUND

A. Assigned Judgment versus Alkasabi in the "Seahaus Case"

This is a tale of two lawsuits (and more). In the current action (the "Seahaus

Case"), Coldwell Banker (not a party here) obtained dismissal of Alkasabi's claims

against it, based upon the anti-SLAPP statute. (Code Civ. Proc., § 425.16; all further

statutory references are to this code unless noted; Alkasabi v. Seahaus La Jolla Owners

Association (Super. Ct. San Diego County, 2011, No. GIC876598).) In that amended

judgment issued in November 2009, Coldwell Banker also obtained an award of attorney

2 fees. Alkasabi's appeal from that judgment was dismissed and it became final in 2009.

(Alkasabi v. Seahaus La Jolla Owners Association (May 1, 2009, D052387) [nonpub.

opn.].) In 2013, Coldwell Banker assigned its judgment to Chandler.

B. Alkasabi Brings the "Chandler Action"; Two Prior Opinions

In October 2011, Alkasabi sued Chandler for fraud and misrepresentation, etc.

(Alkasabi v. Chandler Heights AZ, LLC (Super. Ct. San Diego County, 2011, No. 37-

2011-00099949-CU-FR-CTL) (the "Chandler Action").) Chandler brought a special anti-

SLAPP motion to strike the complaint. (§ 425.16.) It was…

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