Bain v. Tax Reducers
Defendant and appellant Tax Reducers, Inc. (Tax Reducers) appeals the trial courts order denying its special motion to strike plaintiff and respondent Harold Bains complaint as a strategic lawsuit against public participation. (Code Civ. Proc., 425.16.) In a previous action, Bain filed a claim against Tax Reducers with the Labor Commissioner for unpaid wages. The Labor Commissioner found in favor of Bain. Tax Reducers appealed that ruling to the superior court and, as required by Labor Code section 98.2, subdivision (b), posted a bond with the court in the amount of the Labor Commissioners award. The parties settled the court action in a judicially supervised proceeding. The terms of the settlement provided for the immediate release of the bond funds to Tax Reducers. After the bond was released, the parties entered into a dispute over the terms of the written release memorializing their settlement agreement. Since the underlying action had been dismissed, Bain sued Tax Reducers in the instant action asserting five causes of action related to his wage claim, the settlement, and the bond. Tax Reducers special motion to strike challenged two of Bains causes of action.
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