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California Court of Appeal


Manhattan Loft, LLC v. Mercury Liquors, Inc., B211070

In a dispute involving a real estate transaction, trial court's grant of defendant's motion to strike under the anti-SLAPP statute is reversed where: 1) plaintiff's slander of title cause of action is subject to the anti-SLAPP statute, and the filing of the notice of lis pendens by defendant arose out of protected activity as they bore a relationship to the arbitration proceedings; and 2) defendant's filing of the lis pendens was not proper as a lis pendens can only to be filed in court in connection with judicial proceedings.

Appellate Information

  • Decided 05/06/2009
  • Published 05/06/2009

Judges

  • ASHMANN-GERST, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Leonard, Dicker & Schreiber, Richard C. Leonard and Steven A. Schuman, Beverly Hills, for Plaintiff and Appellant.

  • For Appellees:
  • Bingham McCutchen, Bruce A. Friedman, Roland Tellis, and Heather L. Ristau, Santa Monica, for Defendants and Respondents.
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