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".

Appellate Information

• Decided 10/01/2008
• Published 10/01/2008

Judges

Court

• California Court of Appeal

Counsel

• 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.