Mink

INTRODUCTION

Kevin Moda sued his former lawyer, and the lawyer’s law firm. The lawyer and his firm cross-complained for, among other things, unpaid fees. Moda now appeals from the trial court’s order granting in part and denying in part Moda’s special motion to strike the cross-complaint under Code of Civil Procedure1 section 425.16 (i.e., an anti-SLAPP motion). For the reasons discussed below, we affirm.

BACKGROUND

In October 2018, Moda signed an attorney-client fee contract with Lyle R. Mink and Lyle R. Mink, a Law Corporation (collectively, “Mink”), by which Moda retained Mink to represent him and his two LLCs in Mazgani v. Moda, Case No. BC607465 (the Mazgani action). The record reflects Mink represented Moda and his LLCs from October 2018 to August 2019. In August 2019, Moda sued Mink for damages allegedly sustained as a result of Mink’s malfeasance and deficient representation in the Mazgani action and a related case.2 Moda’s operative complaint asserts Mink is liable for legal malpractice and breach of fiduciary duty. In December 2020, Mink filed a cross-complaint against Moda, asserting claims for breach of contract (first cause of action) and quantum meruit (second…