Mundy

Thomas Mundy (Mundy) and Attorney Morse Mehrban (Mehrban) appeal from the denial of Mundy’s special motion to strike pursuant to Code of Civil Procedure section 425.16 1 and from the award of attorney fees to respondent Laura D. Lene (Lene). In the published portion of this opinion, we affirm the order denying the special motion to strike as it pertains to Lenc’s cause of action for breach of the parties’ settlement agreement. We hold that when a disabled person sues a business owner due to an accessibility violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) and the California Disabled Persons Act (Civ. Code, § 54 et seq.) and then settles and releases all known and unknown claims and waives the protection of Civil Code section 1542, the disabled person is contractually barred from suing the business owner in a second lawsuit regarding any violation that previously existed and could have been enjoined in the first lawsuit pursuant to Civil Code section 55. In the unpublished portion of this opinion, we reverse the order as to Lenc’s fraud causes of action and her cause of action for abuse of process because Mundy is protected by the litigation privilege.…