Trapp
Trapp v. Naiman CA4/2
Opinion
Opinion
Hollenhorst, J.
Plaintiffs and respondents Bennie G. Trapp, Sr., and B. Garrett Trapp, Jr. (Plaintiffs), initiated this action based on the foreclosure and subsequent unlawful detainer action against them. Defendants in this action include the financial institutions and their lawyers, Randall D. Naiman and Naiman Law Group, RC. (erroneously sued as “Law Office of Randall D. Naiman”). Only Naiman and Naiman Law Group, P.C., appeal (Defendants). Defendants brought a special motion to strike (antiSLAPP motion) under Code of Civil Procedure section 425.16 (the antiSLAPP statute). The trial court granted the motion as to Plaintiffs’ claim for negligence and abuse of process, but denied it as to their claims for quiet title, wrongful foreclosure, breach of duty of good faith and fair dealing, and unfair business practices under Business and Professions Code section 17200 et seq. The court cited Garretson v. Post (2007) 156 Cal.App.4th 1508 [ 68 Cal.Rptr.3d 230 ] [Fourth Dist., Div. Two] (Garretson) in support of its decision. Defendants appeal, contending the trial court erred in applying the Garretson holding to the facts in this case. We agree and reverse the order to the extent it denies…