Kahane v. Jansen
Eight years ago, Lynn Jansen and Cindy Jansen sued Brent Tucker, Tuckers company T.A. Tucker Associates, Inc. (TATA), and their attorney Dennis Kahane. The lawsuit arose out of a dispute regarding a development project. Kahane ultimately prevailed in the litigation on all of the Jansens claims. Kahane then brought this action for malicious prosecution against the Jansens and all of their attorneys. Defendants filed special motions to strike, pursuant to Code of Civil Procedure section 425.16, which were granted. Kahane appeals the granting of the motions and the dismissal of his complaint.
According to Kahane, the Jansens unsuccessful lawsuit against him destroyed his law practice and resulted in the loss of many thousands of dollars in fees. He seeks compensation for those damages. Court are not unsympathetic to the devastation that can result from legal claims alleging malpractice, fraud and breach of fiduciary duty against an attorney, even where those allegations are never proven. But our sympathies must end where the law begins. Based upon our thorough review of the record presented, we discern no error in the trial courts granting of the special motions to strike; and accordingly, we must affirm the judgment.
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