Finton Construction, Inc. v. Bidna & Keys, APLC

This is an appeal from an order granting defense motions pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute. Plaintiff Finton Construction, Inc. (FCI or plaintiff), sued defendants Bidna & Keys, APLC (B&K), Howard N. Bidna, and Jon Longerbone (collectively defendants) for conversion, receipt of stolen property, and injunctive relief. These causes of action arose from defendants’ receipt of an allegedly stolen hard drive pertinent to a pending case in Los Angeles. Defendants are the attorneys of record in that case. They moved to dismiss under the anti-SLAPP statute, arguing the litigation privilege applied and the complaint failed to state a cause of action as a matter of law. The trial court granted the motion, finding defendants’ actions privileged and that plaintiff had failed to demonstrate a possibility of prevailing on the merits. This appeal followed.

We find FCI’s conduct with respect to this entire case demonstrative of a particularly nasty type of scorched-earth tactics. A purportedly stolen hard drive, which was placed in the hands of defendants solely for litigation purposes, has resulted in an attempt to disqualify counsel and two…