State Farm Mutual Automobile Insurance v. Lee

After State Farm Mutual Automobile Insurance Company filed an unfair business practices action against Fue Lee and others, Lee and the others filed a cross-complaint against State Farm and its law firm, alleging abuse of process and unfair business practices based on questions asked by State Farm’s attorney during depositions in a prior action for recovery of medical expenses. The deposition questions revealed the cross-complainants’ possible illegal ownership of chiropractic practices by a partnership between a chiropractor and a layperson. State Farm brought an anti-SLAPP (strategic lawsuit against public participation) motion against the cross-complaint, and Lee sought disqualification of State Farm’s law firm and a preliminary injunction against use of the information revealed in the depositions. The trial court granted State Farm’s anti-SLAPP motion and denied Lee’s motion to disqualify and for injunctive relief.

On appeal, Lee contends the trial court erred in granting the anti-SLAPP motion. The contention is without merit because Lee failed to establish a probability of prevailing on the merits.

Lee also contends the trial court erred in denying injunctive…