Bleavins

Bleavins v. Demarest

Good Law
127 Cal. Rptr. 3d 580·196 Cal. App. 4th 1533·2011 Cal. App. LEXIS 850
Court of Appeal of CaliforniaJune 29, 2011No. B225429California3,534 words

Opinion

Lead Opinion

Mallano, J.

In a prior lawsuit, plaintiff sued his neighbors over an easement dispute involving a shared driveway. An insurance company provided the neighbors with a defense. Plaintiff then filed this action against the neighbors’ attorneys, alleging that, in the prior action, the attorneys improperly represented the neighbors, made misrepresentations in the course of the litigation, engaged in frivolous litigation tactics, and failed to provide plaintiff with promised documents and information. The complaint contained seven causes of action.

The attorneys filed a special motion to strike, contending this action was a strategic lawsuit against public participation (SLAPP) (Code Civ. Proc., § 425.16; undesignated statutory sections are to that code). The trial court granted the motion as to one cause of action and denied it as to the rest. This appeal followed.

We conclude that all of plaintiff’s causes of action arise out of written or oral statements made either before a judicial proceeding (see § 425.16, subd. (e)(1)) or in connection with an issue under consideration by a judicial body (see id., subd. (e)(2)). Further, plaintiff is not reasonably likely to prevail on any cause…

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