California Court of Appeal
Haneline Pacific Properties, LLC v. May, G039782
Grant of defendant's anti-strategic lawsuits against public participation (SLAPP) motion is reversed and remanded where: 1) the gravamen of plaintiff's complaint did not relate to contemplated litigation but attempted at persuasion and negotiation between co-owners of property regarding how best to manage their property; 2) because the communications at issue were not covered by the litigation privilege, the anti-SLAPP motion should not have been granted; and 3) plaintiffs failed to develop an argument regarding entitlement to attorney's fees based on finding that anti-SLAPP motion was "frivolous" or "intended to cause unnecessary delay".
- Decided 10/01/2008
- Published 10/01/2008
- California Court of Appeal
- For Appellant:
- DLA Piper,Betty M. Shumener, Henry H. Oh, John D. Spurling, Los Angeles; Dubia Erickson & Tenerelli and Christian F. Dubia, Jr., Irvine, for Plaintiff and Appellant.
- For Appellees:
- Jackson, DeMarco, Tidus & Peckenpaugh, Roger M. Franks and Jeff J. Astarabadi, Irvine, for Defendants and Respondents.