Goldman

In 2004, defendant Attorney Kenneth A. Goldman agreed to represent plaintiff Oasis West Realty, LLC (Oasis), in its effort to obtain approval of a redevelopment project from the Beverly Hills City Council. Goldman terminated the representation about two years later. In 2008, Goldman became involved in a campaign to thwart the same redevelopment project by soliciting signatures on a referendum petition to overturn the Beverly Hills City Council’s approval of the project. Shortly after the voters upheld the city council’s approval by a very narrow margin, Oasis filed a complaint for breach of fiduciary duty, professional negligence, and breach of contract against Goldman and Ms law firm, Reed Smith, LLP.

Defendants filed a special motion to strike the complaint under the anti-SLAPP statute, 1 contending that all of Oasis’s causes of action arose from Goldman’s acts “in furtherance of [Ms] right of petition or free speech ... in connection with a public issue.” (§ 425.16, subd. (b)(1).) The trial court held that the anti-SLAPP statute did not apply, in that the gravamen of the causes of action was not Goldman’s petitioning activity but Ms breach of the duties of loyalty and…

Plaintiff Oasis West Realty, LLC (Oasis), hired attorney Kenneth A. Goldman and his law firm to assist Oasis in obtaining local government approval for a redevelopment project. About two years later, Goldman terminated the representation, and about two years after that, Goldman became involved in a public campaign opposing the very same redevelopment project. Specifically, Goldman solicited signatures for a petition to overturn the local government’s approval of the project. Oasis then sued Goldman and his law firm for breach of fiduciary duty, professional negligence, and breach of contract. Defendants moved to strike the complaint under Code of Civil Procedure section 425.16, which establishes a special procedure for early dismissal of SLAPP lawsuits, which are suits based on the defendant’s exercise of the right of petition or speech in connection with a public issue. SLAPP is an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises v. ‘Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57 [ 124 Cal.Rptr.2d 507 , 52 P.3d 685 ].) The trial court denied defendants’ anti-SLAPP motion, and the Court of Appeal reversed.

I concur in the majority’s decision to…

BACKGROUND

In early 2004, plaintiff Oasis embarked on a plan to redevelop and revitalize a nine-acre parcel it owned in Beverly Hills by erecting a five-star hotel and luxury condominiums. A Hilton hotel was already on the property, and the

SLAPP is an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57.) In 1992, the Legislature, finding there had been “a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances” (Code Civ. Proc., § 425.16, subd. (a)), enacted Code of Civil Procedure section 425.16 (hereafter section 425.16) to provide a remedy against such lawsuits.

2 project is often referred to as the Hilton project. The Hilton project required the approval of the Beverly Hills City Council. On January 26, 2004, Oasis retained defendant Attorney Kenneth A. Goldman (Goldman) and his law firm, defendant Reed Smith, LLP (Reed Smith), to provide legal services in connection with the Hilton project. According to the engagement letter, Goldman was to “have overall responsibility for…