Fraley

Fraley v. Ford Serviss LLP CA2/5

Good Law
Court of Appeal of CaliforniaMay 6, 2022B309029California4,157 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Plaintiff Franklin Fraley, Jr. (Fraley) sued the attorney defendants1 for impairing his attorney lien against settlement proceeds. The trial court granted defendants’ anti-SLAPP motion,2 struck the entire complaint, and awarded defendants attorney fees and costs. On appeal, Fraley contends that defendants failed to satisfy their burden to show that all of the alleged wrongful conduct underlying the complaint was protected activity and that, in any event, he showed the requisite probability that he would prevail on his claims. We reverse, in part, and remand with instructions.

II. FACTUAL BACKGROUND

A. Kessler’s Retention of Fraley

In February 2007, Fraley (dba Fraley & Associates) entered into a retainer agreement with Drita Kessler and her company, DK Art Publishing, Inc. (collectively Kessler), pursuant to which Fraley agreed to provide Kessler legal services on various

The defendants are three law firms—Ford Serviss, LLP, Collins Ford, LP, and Beitchman & Zekian—and four individual attorneys—William H. Ford III, Claudia J. Serviss, Michael D. Collins, and David P. Beitchman.

The term “SLAPP” is an acronym for strategic lawsuit against…

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