Castleman

This is an appeal from the denial of a special motion to strike under Code of Civil Procedure section 425.16, commonly known as the “anti-SLAPP statute.” The motion was filed by appellant Howard A. Sagaser as to claims for breach of fiduciary duty, breach of the duty of loyalty, conversion, and invasion of privacy asserted against him by respondents Peter M. Castleman, Central California Development Group, LLC, Selma Crossings, LLC, and Merced Gateway, LLC. The trial court concluded that the anti-SLAPP statute was not applicable to respondents’ causes of action because the claims did not arise from constitutionally protected speech or petitioning activity, but rather from the alleged breach of an attorney’s professional and ethical duties owed to former clients. We affirm the trial court’s ruling.

FACTUAL AND PROCEDURAL BACKGROUND

Howard Sagaser is a licensed attorney and cofounder of the Fresno law firm previously known as Sagaser, Jones & Helsley (the Law Firm). He and Attorney Timothy Jones were longtime shareholders and officers of the Law Firm. In October 2009, Sagaser resigned from the Law Firm under what respondents describe as acrimonious terms stemming from an…