Cho v. Mehrban
In this case, the appellant Morse Mehrban (Mehrban) seeks reversal of the trial court’s order denying his motion to strike the cross-complaint of respondent Eunice Y. Cho (Cho). Mehrban’s motion was based on Code of Civil Procedure, section 425.16 (hereafter, § 425.16[1]; also known as the anti-SLAPP statute[2]). He argued that the claims asserted in the cross-complaint arose from his filing of the multiple complaints which he had done on behalf of his disabled clients, including one against her in a related action. He contended that such actions on his part were constitutionally protected activity within the meaning of the anti-SLAPP statute and the claims asserted by Cho were barred by the absolute litigation privilege (Civ. Code, § 47, subd. (b).) Although he was asserting a purely legal argument, the trial court denied the motion to strike on the sole ground that Mehrban had failed to file a declaration in support of his motion.[3]
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