SCC Acquisitions v. Centex Homes
Defendants Centex Homes, Newmeyer & Dillion, LLP, and Shawn E. Cowles, a lawyer in that firm (the latter two sometimes collectively referred to as defendant lawyers), appeal from the denial of their special motion under Code of Civil Procedure section 425.16 (anti-SLAPP motion; all further statutory references are to this code unless otherwise designated) to strike the complaint of plaintiffs SCC Acquisitions and Bruce Elieff for malicious prosecution, negligence, breach of fiduciary duty, and declaratory relief. Defendants claim the court erred because the claims arise from protected activity and plaintiffs did not demonstrate they had a probability of prevailing on the merits. Court disagree and affirm.
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