Tuszynska

Tuszynska v. Cunningham

Bad Law
131 Cal. Rptr. 3d 63·199 Cal. App. 4th 257·2011 Cal. App. LEXIS 1197·113 Fair Empl. Prac. Cas. (BNA) 827
Court of Appeal of CaliforniaSeptember 16, 2011No. E050858California4,724 words

Opinion

Lead Opinion

King, J.

I. INTRODUCTION

Plaintiff Danuta Tuszynska, an attorney, provided legal representation to members of defendant Riverside Sheriffs’ Association (RSA), under the auspices of defendant Riverside Sheriffs’ Association Legal Defense Trust (RSA-LDT), a prepaid legal services plan that provides legal representation and related services to RSA members. Plaintiff filed suit against the RSA-LDT, the RSA, and James Cunningham, a former administrator of the RSA-LDT, alleging that, because she is a woman, she received fewer case referrals from the RSA-LDT after Cunningham became its administrator, and cases were instead referred to male attorneys with less experience than plaintiff.

Defendants moved to strike the entire complaint under the anti-SLAPP statute (the strategic lawsuit against public participation statute) (Code Civ. Proc., § 425.16) 1 on the ground its allegations were based on protected petitioning activities defendants undertook on behalf of RSA members, namely, (1) the RSA-LDT’s selection of outside panel attorneys to represent RSA members, and (2) related decisions concerning whether and to what extent the RSA-LDT would fund RSA member litigation.

The trial court…

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