Paulus

Paulus v. Bob Lynch Ford, Inc.

Good Law

139 Cal. App. 4th 659·2006 Cal. App. LEXIS 730·2006 Daily Journal DAR 5996·43 Cal. Rptr. 3d 148·2006 Cal. Daily Op. Serv. 4126

Court of Appeal of CaliforniaMay 17, 2006No. H028629California10,846 words

Opinion

lead Opinion

Duffy, J.

In an earlier lawsuit brought in 2003 (the prior suit), Timothy Paulus was sued by his competitor in an unsuccessful attempt to prevent him from developing a Ford automobile dealership in Morgan Hill, California. That prior suit was brought under Business and Professions Code section 17200 et seq. (the unfair competition law (UCL)) 1 by an established, Gilroy-based Ford automobile dealership and its president/shareholder (Bob Lynch Ford, Inc., and Scott Lynch, respectively, and hereafter, collectively, Lynch). 2 After filing a series of demurrers, Paulus ultimately prevailed in the prior suit after the court sustained his demurrer without leave to amend.

In September 2004, Paulus brought this action against Lynch for claims arising out of the prior suit, including a cause of action for malicious prosecution. Lynch brought a special motion to strike Paulus’s complaint under the anti-SLAPP (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16. 3 After granting the motion, the court awarded Lynch $40,000 and $1,819.96 in attorney fees and costs, respectively.

Paulus appeals from these two orders. He claims (among other things)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

TIMOTHY PAULUS, and
Plaintiff
BOB LYNCH FORD, INC., and
Defendant

Judges

Duffy

Cites (75)

27 Cal. App. 4th 809
29 Cal. 4th 53
29 Cal. 4th 82
31 Cal. 4th 728
29 Cal. 4th 69
19 Cal. 4th 1106
71 Cal. App. 4th 901
118 Cal. App. 4th 204
130 Cal. App. 4th 1563
93 Cal. App. 4th 993
42 Cal. App. 4th 628
47 Cal. 3d 863
13 Cal. 3d 43
32 Cal. 4th 336
28 Cal. 4th 811
46 Cal. 2d 375
66 Cal. App. 4th 478
2 Cal. 4th 1254
7 Cal. 3d 94
27 Cal. 4th 939
119 Cal. Rptr. 2d 296
20 Cal. 4th 163
29 Cal. 4th 1134
2 Cal. 4th 377
Addiction, supra,
4 Cal. 4th 1187
216 Cal. App. 3d 1491
46 Cal. 3d 287
208 Cal. App. 3d 1433
90 Cal. App. 4th 579
3 Cal. 2d 689
23 Cal. 4th 163
78 Cal. App. 4th 1144
98 Cal. App. 4th 1158
159 Cal. App. 3d 509
45 Cal. App. 4th 1093
93 Cal. App. 4th 700
720 F. Supp. 805
54 Cal. App. 4th 499
56 Cal. App. 3d 531
27 Cal. App. 4th 832
77 Cal. App. 4th 1302
4 Cal. App. 4th 963
102 Cal. App. 3d 735
203 Cal. App. 3d 432
122 Cal. App. 3d 25
24 Cal. App. 4th 1206
231 Cal. App. 3d 349
124 Cal. App. 4th 304
78 Cal. App. 4th 847
52 Cal. App. 4th 754
24 Cal. 4th 1122
85 Cal. App. 4th 1400
97 Cal. App. 4th 227
106 Cal. App. 4th 1219
47 Cal. App.4th <em>777, </em>785
129 Cal. App. 4th 1228
31 Cal. 3d 637
76 Cal. App. 4th 375
39 Cal. 4th 233
46 Cal. Rptr. 3d 57
39 Cal. 4th 235
125 Cal. App. 4th 871
50 Cal. App. 4th 199
230 Cal. App. 3d 308
32 Cal. 3d 347
201 Cal. App. 2d 765
12 Cal. 3d 237
228 Cal. App. 3d 713
111 Cal. App. 4th 640
107 Cal. App. 4th 568
127 Cal. App. 4th 1006
42 Cal. 3d 1157
37 Cal. 4th 1048
43 Cal. 3d 1281