Davis v. Acuff
This is an action by plaintiffs Allen Davis (Davis) and two of the companies he founded against his adult children and their spouses for breach of fiduciary duty arising out of defendants alleged wrongful transfer of the assets and stock of certain companies to themselves. The trial court denied defendants special motion to strike (Code Civ. Proc., 425.16) on the ground that the action was not based on acts in furtherance of defendants rights of petition or free speech, notwithstanding allegations in the complaint that defendants made false allegations about Davis in a prior conservatorship proceeding involving Daviss wife, now deceased. Court affirm the order because the trial court correctly determined that the gravamen or principal thrust of the action was not activity protected by Code of Civil Procedure section 425.16.
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