California Court of Appeal
Hylton v. Frank E. Rogozienski, Inc., D053371
In plaintiff's legal malpractice action against his former attorney seeking damages and rescission of a contingency fee contract, trial court's denial of defendant's anti-SLAPP motion is affirmed as: 1) the trial court correctly ruled that defendant had not met his threshold burden of showing that plaintiff's claims arise from petitioning activity within the purview of the anti-SLAPP statute; and 2) this rendered unnecessary any consideration of defendant's arguments that plaintiff failed to show probable success on the merits.
Appellate Information
- Decided 09/23/2009
- Published 09/23/2009
Judges
- McDONALD, J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Frank E. Rogozienski, Inc., Frank E. Rogozienski, Coronado; Seltzer CaplanMcMahon Vitek and Gerald L. McMahon, San Diego, for Defendants and Appellants., Stephen M. Hogan, Herron & Steele and Matthew V. Herron, San Diego, for Plaintiff and Respondent.