Leek v. Cooper
This is the second time these parties have paid us a visit. Last time, we affirmed an order entering summary judgment in favor of Jay Cooper[1] in an age discrimination lawsuit brought by Donna Leek, John Borden, and Cindy Buschmann, but reversed the portion of the judgment awarding attorney fees to Cooper. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 416, 421 (Leek I).) During the pendency of the appeal, Cooper and his attorney, John A. Britton (collectively, Cooper), sought a writ of execution and obtained orders directing Leek, Borden, and Buschmann (collectively, Leek) to submit to debtor's examinations. The trial court then granted Leek's motion for a protective order preventing the examinations, ruling that the appeal automatically stayed enforcement of the judgment.
Not satisfied with that victory, Leek filed a second lawsuit, this time alleging causes of action for malicious prosecution, abuse of process, and intentional infliction of emotional distress (emotional distress), each arising out of Cooper's attempt to conduct the debtor's examinations. Cooper moved to strike the complaint pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute.[2] The trial court granted Cooper's motion and awarded attorney fees and costs to Cooper. Leek appeals. Leek challenges the trial court's order striking the complaint and awarding attorney fees and costs to Cooper.
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