Rodriguez v. Hinojosa



Filed 6/2/11 Rodriguez v. Hinojosa CA2/2




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION TWO

ROBIN RODRIGUEZ, as Executor, etc., Plaintiff and Appellant, v. LYNARD C. HINOJOSA et al., Defendants and Respondents.

B218594 (Los Angeles County Super. Ct. No. BC396921)

APPEAL from a judgment of the Superior Court of Los Angeles County. Aurelio Munoz, Judge. Affirmed.

Haney, Buchanan & Patterson, Steven H. Haney and Darren T. McBratney for Plaintiff and Appellant.

Robie & Matthai, Edith R. Matthai, Natalie A. Kouyoumdjian, and Christy Gargalis for Defendant and Respondent Lynard C. Hinojosa.

Lisa Fisher, in pro. per.; and Manning & Kass, Ellrod, Ramirez, Trester and David J. Wilson for Defendant and Respondent Lisa Fisher.

Plaintiff and appellant Robin Rodriguez (plaintiff), as Executor for the Estate of Rami Rodriguez (Rodriguez), appeals from the judgment entered in favor of defendants and respondents Lynard C. Hinojosa and Lisa Fisher (Hinojosa, Fisher, or defendants) after the trial court granted defendants' respective special motions to strike (anti-SLAPP motions), pursuant to Code of Civil Procedure section 425.16 (section 425.16) to plaintiff's first amended complaint. We affirm the judgment.
BACKGROUND
1. The Underlying Conservatorship Case
Plaintiff was married to Rodriguez, a successful businessman who accumulated substantial wealth during his lifetime. In October 2003, plaintiff filed a petition in probate court to impose a conservatorship on Rodriguez after Rodriguez's brother removed him from the marital home against plaintiff's wishes and had him hospitalized. Both plaintiff and Rodriguez's niece, Dorothy Acciani (Acciani), sought to be appointed as Rodriguez's conservator. On October 15, 2003, the probate court appointed Fisher as Rodriguez's Probate Volunteer Panel (PVP) attorney.^[1]
Fisher retained various physicians, including Dr. Stephen Read (Dr. Read) to evaluate Rodriguez. Dr. Read prepared a report dated November 22, 2003, in which he concluded that Rodriguez lacked the capacity to manage his assets, lacked the capacity to give informed consent to any form of medical treatment, and was substantially unable to resist fraud and undue influence. With regard to whether Rodriguez was capable of meaningfully expressing his feelings and intent concerning his situation, Dr. Read stated: â€