Legal Memos

WasteXperts, Inc. v. Arakelian Enterprises Inc. (2024) 103 Cal.App.5th 652. This is a SLAPP action in which the underlying causes of action are for declaratory relief, tortious interference, unfair competition and trade libel. The Court of Appeal found that the declaratory relief claim did not arise from protected prelitigation communications regardless of the threats of litigation. The tortious interference, unfair competition and trade libel claims were based on the content of communication sent to non-parties and arose from prelitigation communications but fell within the commercial speech anti-SLAPP exemption. That exemption is not limited to competitive advertising and the parties were competitors. The Court found therefore that the SLAPP motion should not have been granted.

The Court also chides Appellant’s counsel for using uncivil language in briefs which the Court found to be both inappropriate and distracting.
/ilc

Related Attorney(s):
Gregory L. McCoy