Kettler

Kettler v. Gould

Good Law
22 Cal. App. 5th 593·231 Cal. Rptr. 3d 580
Court of Appeal of CaliforniaApril 20, 2018B282160California5,840 words

Opinion

lead Opinion

Grimes, J.

*597 Cross-defendants Leslie Gould and his wife Susan Gould contend the trial court erred when it denied in part their anti-SLAPP (strategic lawsuit against public participation) motion. The motion sought to strike certain allegations in a cross-complaint filed by Joel D. Kettler, alleging defamation and other causes of action. The court denied the motion to the extent cross-complainant's claims were based on complaints to the Certified Financial Planners Board of Standards (the CFP Board), finding the CFP Board was not a public agency and there was no public interest issue. The court also denied the motion to the extent the claims were based on communications to cross-complainant's employer, finding the litigation privilege did not apply.

We conclude the trial court's ruling was correct on both points and affirm the order.

FACTUAL AND LEGAL BACKGROUND

1. The Cross-complaint

Cross-complainant is a financial planner and advisor who acted in that capacity for cross-defendant Leslie Gould's elderly parents from 1990 until *598 they died, in 2010 and 2011. Cross-complainant had a "close familial relationship" with the Goulds. The elder Goulds gave cross-complainant a power of…

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