Shenefield

INTRODUCTION

Jennifer Shenefield attended a meeting in Karolyn Kovtun’s office,

where Jennifer’s husband Mark Shenefield1 was also present. Jennifer had a domestic violence restraining order (DVRO) against Mark, and Kovtun, who

1 Because the Shenefields share a surname, we refer to them by first name for clarity. was Mark’s attorney, was aware of it. The meeting lasted more than an hour, and Jennifer recorded most of it without Mark or Kovtun’s knowledge. Jennifer reported Kovtun’s behavior at the meeting to the State Bar, which investigated and closed the matter. Several months later, Kovtun sued Jennifer in small claims court for invasion of privacy for recording the meeting. (Pen. Code, § 637.2, subd. (a)(1).) Jennifer cross-complained, alleging several causes of action that challenged the lawfulness of Kovtun’s conduct at the meeting. Kovtun filed an anti-SLAPP motion (Code Civ. Proc., § 425.16), which the court denied. When Jennifer filed an amended complaint, Kovtun filed a second anti-SLAPP motion, which the trial court again denied. Kovtun appeals the denial of the second anti-SLAPP motion. She contends the court improperly concluded Jennifer could show a probability…