California Court of Appeal

In plaintiff's action against her ex-husband and various others including several attorneys involving their alleged participation to conceal assets to avoid child support, grant of attorney's special motion to strike under the anti-SLAPP statute and award of attorneys' fees is affirmed where: 1) plaintiff's cause of action is predicated on protected activity under the anti-SLAPP statute and the probate proceedings and the litigation defense were protected petitioning activity for purposes of the anti-SLAPP statute; 2) plaintiff did not show a probability of success on the merits; and 3) plaintiff did not demonstrate any abuse of the trial court's discretion in determining the appropriate amount of attorney fees to award.

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen G. Opperwall, Law Offices of Stephen G. Opperwall, Pleasanton, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Mesirow & Fink, Steven M. Fink, San Jose, Drath, Clifford, Murphy & Hagen, Ray Z. Bacerdo, Kelly M. Flanagan, Oakland, Phillips, Greenberg & Hauser, Jerry Ray Hauser, San Francisco, for Defendants and Respondents.