York v. Costanzo
Plaintiffs James York, Gary Gray, and Maria Behunin are partners in a dissolved partnership suing two of the partnerships partners, Ralph Costanzo and Gerard G. Adams, Jr., for an accounting and for damages for misappropriation of partnership funds. The trial court denied Costanzos special motion to strike (Code Civ. Proc., 425.16) the second cause of action for breach of fiduciary duty, rejecting Costanzos assertions that the gravamen of the cause of action was protected litigation activity and that plaintiffs could not establish a probability of prevailing. Court affirm the order because the trial court correctly determined that the gravamen of the action is defendants alleged misuse of partnership funds and that plaintiffs made a prima facie showing of facts supporting a judgment in their favor.
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