California Court of Appeal

In suit between lawyer and his former client arising from a disputed settlement in prior litigation, denial of cross-defendant former client's motion to strike under the anti-SLAPP statute is reversed as to claims for fraud and negligent misrepresentation where: 1) the law firm's causes of action fall within the protection of the anti-SLAPP statute, as each of them is based substantially upon a client's petitioning activity; 2) the law firm has failed to demonstrate a probability of success on its causes of action for fraud and negligent misrepresentation; and 3) the fraud and negligent misrepresentation claims seek to recover damages not available in this case.

Appellate Information

• Decided 07/30/2007
• Published 08/21/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Briggs & Alexander, Brian Charles Ostler, Sr., Anaheim, and William L. Smith, Jr., for Cross-defendant and Appellant., Grannan Law Office and Patrick J. Grannan, Newport Beach, for Cross-complainant and Respondent.