Den Beste v. DeMeo
A breach of contract action by attorneys against a former client resulted in a money judgment for the attorneys. When the attorneys filed an abstract of their judgment, the disgruntled former client filed suit for tort damages allegedly caused by that filing. The attorneys brought a special motion to strike the complaint under Californias anti-SLAPP statute (Code Civ. Proc., 425.16) on the ground that the filing of the abstract was not actionable because it was covered by the litigation privilege codified in Civil Code section 47, subdivision (b). The trial court granted the attorneys motion, and the former client appealed. Court's independent review leads us to the same conclusion as the trial court, that the filing of the abstract was absolutely privileged. In light of that determination, Court further conclude that all of the former clients causes of action are legally deficient and that, in consequence, there was no probability he would prevail on any of his causes of action. Finally, Court reject the former clients contention that the filing is exempt from the anti SLAPP statute because it qualifies as commercial speech. Court thus affirm.
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