Fotinos v. LaFarge











Filed 11/15/10 Fotinos v. LaFarge CA1/3





NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

MICHELE FOTINOS, Plaintiff and Appellant, v. RENEE LAFARGE, Defendant and Respondent.

A126947 (San Mateo County Super. Ct. No. CIV 479780)

Plaintiff Michele Fotinos appeals from an order granting defendant Dr. Renee LaFarge's special motion to strike plaintiff's complaint pursuant to the anti-SLAPP (strategic litigation against public participation) statute, Code of Civil Procedure section 425.16.[1] We affirm.
Background
In July 2005, defendant, a licensed marriage and family therapist, was appointed by the court to facilitate reunification efforts in child custody proceedings involving plaintiff and her former husband. In December 2005, defendant filed a letter with the court advising against increased visitation between plaintiff and her children and reported to counsel for the children that she was recommending against further reunification therapy for the children and plaintiff. Shortly thereafter, the court awarded the father sole custody of the children and terminated defendant's appointment as the reunification therapist.
Two years later, in December 2007, the family court entered an order transferring sole custody of the children to plaintiff. Days later, defendant was contacted by the children's court-appointed attorney, who indicated that she was concerned for the safety of the children. The attorney told defendant that the children ran away from home after the court changed their custody and were currently living in a foster home. On December 26, 2007, defendant filed a declaration with the family court advising the court of her â€