Hacker v. Fabe
The trial court granted a special motion to strike the complaint in a legal malpractice case. Ron Hacker and 1538 Cahuenga Partners, LLC (collectively 1538) sued Jacqueline Fabe, a lawyer who worked for 1538 for a short time. After Fabe quit, she filed an administrative claim for unpaid wages. 1538 then filed this lawsuit against Fabe alleging breach of contract, breach of the covenant of good faith and fair dealing, fraud, and legal malpractice/negligence. Fabe filed a special motion to strike the complaint under the anti-SLAPP (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16. Fabe asserted that 1538s civil action arose from her protected act of filing an unpaid wages claim. The trial court granted the motion, but denied Fabe attorneys fees. Court conclude that 1538s complaint does not arise from Fabes protected activity, as defined by the anti-SLAPP statute. Accordingly, the trial court should have denied the special motion to strike. In light of this conclusion, Fabes cross-appeal about attorneys fees is moot.
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