Developments Of Interest​

10/03/2021

Kim v. R Consulting & Sales, Inc. (2021) 67 Cal.App.5th 263. This was a SLAPP issue and arose in connection with an order to show cause regarding contempt in post judgment discovery disputes, with the court finding that an OSC was not a valid basis for malicious prosecution claims and was not a separate proceeding….

09/03/2021

Favila v. Pasquarella (2021) 65 Cal.App.5th 934.  This was a case in which a trial court exercised its authority under CCP § 187 and granted a judgment creditor’s motion to further amend a judgment by adding an individual judgment debtor as the alter ego of a corporate judgment debtor and his post-judgment corporate successor….

08/03/2021

Brighton Collectables, LLC v. Hockey (2021) 65 Cal.App.5th 99. This is a SLAPP case. The court of appeal found that the trial court erred in granting a SLAPP motion. Whether or not the fraud cross-claim in that case which involved a fashion model, arose from protected conduct, the court concluded that granting the motion was error because the cross…

07/13/2021

Dunning v. Clews (2021) 64 Cal.App. 5th 156. This is a SLAPP matter. Defendants brought an environmental challenge to a development project which was dismissed and the developer thereafter brought a malicious prosecution action against the parties who had brought the challenge and the parties’ attorneys…

07/07/2021

Muddy Waters, LLC v. Superior Court (2021) 62 Cal.App.5th 905. This is a SLAPP case. An investment firm engaged in short selling filed a SLAPP motion to a complaint which asserted causes of action for unfair competition, trade libel, and interference with prospective economic advantage…

07/01/2021

Truck Insurance Exchange v. Federal Insurance Company (2021) 63 Cal.App.5th 211. This is a SLAPP case. A primary insurer filed a complaint against an excess insurer alleging a fraudulently induced settlement. The SLAPP motion by the excess insurer was denied and affirmed with the court of appeal finding that the primary insurer met its burden of showing a probability of prevailing on the merits and evidence of intrinsic fraud rendered the litigation privilege inapplicable…

05/05/2021

Area 55, LLC v. Nicholas & Tomasevic, LLP (2021) 61 Cal.App.5th 136. This is a SLAPP case. That motion was filed with respect to a malicious prosecution claim brought against attorneys who represented a party in a prior action, which action was dismissed for failure to prosecute. The court found that the failure to prosecute dismissal was a favorable determination which showed probable cause that the Plaintiff would prevail in the current action…

04/16/2021

Hoang v. Tran (2021) 60 Cal.App.5th 513. This is a SLAPP action seeking to dismiss causes of action for defamation, common law right of publicity, and civil conspiracy. The trial court denied the motion but the court of appeal reversed. The trial court found that the moving party failed to satisfy the first prong of the SLAPP statute, that the case arose from protected activity in connection with an issue of public interest…

03/08/2021

Trinity Risk Management v. Simplified Labor Staffing Solutions, Inc((2021) 59 Cal.App.5th 995. This is a SLAPP matter. The court held that the amendment of a complaint did not cause a SLAPP motion to be moot with respect to a cross-complaint and that the cross-defendants had met their burden of showing that emails which formed the factual basis for the cross-complaint were acts in furtherance of the cross-defendant’s constitutional right of petition and protected activity…

02/25/2021

Balla v. Hall (2021) 59 Cal.App.5th 652. This is SLAPP case involving claims for defamation and false light invasion of privacy. The Court found that a SLAPP motion can reach separate claims within a single pled cause of action and motions in that case did not have to be denied in their entirety if the claims were actionable in part…

01/20/2021

Quidel Corporation v. Superior Court (2020) 57 Cal.App.5th 155. This is sort of an interesting application of Business and Professions Code § 16600. The court finds that an exclusive dealing agreement between two sophisticated biotechnology companies was not automatically…

01/05/2021

Changsha Metro Group Company Limited v. Xufeng (2020) 57 Cal.App.5th 1. This case involved an award of attorneys’ fees as sanctions for a frivolous SLAPP motion. The court of appeal affirmed the award of attorneys’ fees finding that the request for fees was properly submitted in the opposition…

12/18/2020

RCG Gaslamp, LLC v. Ehmcke Sheetmetal Company, Inc. (2020) 56 Cal.App.5th 413. This is a SLAPP matter. An owner sued a subcontractor for quiet title, slander of title and declaratory and injunctive relief after it had secured a bond to release…

11/10/2020

Caliber Paving Company, Inc. v. Rexford Industrial Realty & Management, Inc. (2020) 54 Cal.App.5th 175. A subcontractor sued a general contractor for breach of contract and also sued the owner of the property for intentional interference…

10/30/2020

Murray v. Tran (2020) 55 Cal.App.5th 10. This is a SLAPP action in which the court struck defamation claims, which claims asserted that a dentist’s work was substandard…

10/29/2020

Oakland Bulk & Oversize Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738. This is a SLAPP case. A developer sued the City of Oakland asserting tort and breach of contract claims relating to the development of a shipping terminal at a former Army base…

10/05/2020

Williams v. 3620 W. 102nd Street, Inc. (2020) 53 Cal.App.5th 1087. This was a petition to compel arbitration based on agreements in residential leases…

09/30/2020

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130. Plaintiff had entered into an agreement with a drug company to develop a drug for the treatment…

09/17/2020

Moreno v. California State Teachers Retirement System (2020) 52 Cal.App.5th 547. This was a case involving the State Teachers Retirement System law and particularly Education…

09/15/2020

Wittenberg v. Bornstein (2020) 50 Cal.App.5th 303. This is a SLAPP matter. Plaintiff filed a lawsuit both individually and derivatively on behalf of an LLC in which he was an owner…

07/13/2020

VVA-Two, LLC v. Impact Development Group, LLC (2020) 48 Cal.App.5th 985. This is an arbitration award which gets affirmed at both the trial court level and on appeal, but it is…

05/26/2020

Weimer v. Nationstar Mortgage, LLC (2020) 47 Cal.App.5th 341. In this case the court notes that a financial institution as a general rule does not have a duty of care to a borrower when…

05/13/2020

Zehia v. Superior Court (2020) 45 Cal.App.5th 543. The court finds jurisdiction exists based on substantial contacts which arise under the effects test as result of a nonresident engaging…

03/23/2020

Aldea Dos Vientos v. CalAtlantic Group (2020) 44 Cal.App.5th 1073.  An arbitrator dismissed claims made against a developer because no membership vote was taken prior to the…

03/16/2020

Hansel Phelps Construction Company v. Superior Court (2020) 44 Cal.App.5th 595.  This was a case that turned on the question of when a project reached substantial completion so as to…

03/02/2020

Techno Lite, Inc. v. Emcod, LLC (2020) 44 Cal.App.5th 462.  Employees were found liable for fraud based on a false promise they made to their employer that a company which the…

02/28/2020

Ojjeh v. Brown (2019) 43 Cal.App.5th 1027.  The defendants solicited and obtained investments from the plaintiff to produce a documentary film on the refugee crisis in Syria. …

02/14/2020

Rall v. Tribune 365, LLC (2019) 43 Cal.App.5th 638.  Another SLAPP case.  In this one the Plaintiff was a cartoonist and blogger and sued certain media defendants for defamation…

01/31/2020

Bernstein v. LaBeouf.  (2019) 43 Cal.App.5th 15.  This is a SLAPP case in which a Defendant who is an actor called Plaintiff, who was a bartender, a “racist” after…

01/14/2020

Island Springs Conference & Training Center v. City of Banning (2019) 42 Cal.App.5th 416.  In this case a judgment creditor brought a successful motion to amend the judgment to…

01/03/2020

Wishnev v. The Northwestern Life Insurance Co. (2019) 8 Cal.5th 199.  This is a case decided by the California Supreme Court after a referral from the Ninth Circuit Court of Appeals…

12/23/2019

Miller v. Zurich American Insurance Co. (2019) 41 Cal.App.5th 247.  This is another in a long succession of SLAPP cases.  An insurer moved to strike a complaint in an insurance…

11/06/2019

Hicks v. Richard (2019) 39 Cal.App.5th 1167.  This is a SLAPP decision.  Plaintiff filed a complaint for defamation and intentional infliction of emotional distress concerning…