California Court of Appeal

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Trapp v. Naiman, E054908

In an action arising out of a foreclosure and subsequent unlawful detainer against plaintiffs, the trial court's order granting defendants' anti-SLAPP motion to strike as to plaintiffs' claim for negligence and abuse of process, but denying it as to their claims for quiet title, wrongful foreclosure, breach of duty of good faith and fair dealing, and unfair business practices under Business and Professions Code sections 17200 is reversed to the extent it denies the anti-SLAPP motion, where: 1) all of plaintiffs' causes of action against defendants arise from their protected activity and are subject to the anti-SLAPP motion; and 2) plaintiffs are unable to carry their burden of a probability of success with regard to their claims against defendants in light of the litigation privilege.

Appellate Information

  • Decided 07/24/2013
  • Published 07/24/2013

Judges

  • HOLLENHORST

Court

  • California Court of Appeal

Counsel

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