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California Court of Appeal


Tourgeman v. Nelson & Kennard, D063473

In a putative class action alleging that defendants violated the Fair Debt Collections Practices Act (FDCPA) while attempting to collect a debt that plaintiff incurred in connection with his purchase of a Dell computer, where plaintiff voluntarily dismissed the action in response to defendants' filing of an anti-SLAPP motion to strike the complaint, the trial court's order granting defendants request for attorney fees and costs is reversed and remanded, where: 1) plaintiff's action satisfied each of the requirements of the public interest exception to the anti-SLAPP statute and therefore his complaint was not subject to a special motion to strike; and thus, 2) the trial court erred in awarding defendants attorney fees and costs pursuant to the anti-SLAPP statute.

Appellate Information

  • Decided 01/16/2014
  • Published 01/16/2014

Judges

  • AARON

Court

  • California Court of Appeal

Counsel

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