Old Republic Constr. Program Grp. v. Boccardo Law Firm
Annotate this CaseThe attorneys filed suit on behalf of Carabello, who was injured in a collision while acting in the course of his employment. Old Republic, the workers’ compensation insurer, intervened to seek reimbursement. Casby, the other driver, raised a defense that limits the ability of an employer, or its insurer, to obtain reimbursement out of an injured worker’s recovery against a third party where the employer’s own negligence contributed to the injuries. The drivers settled for her $100,000 policy limits. The check was deposited in the attorneys’ account, with signatures of both parties required to withdraw any money” Old Republic sought apportionment, claiming the entire settlement, but later withdrew its motion and filed a notice of lien seeking $111,026.33. It is not clear that the attorneys were notified of the dismissal. The attorneys later dismissed the Carabello complaint with prejudice and took the position that by dismissing its pleading, Old Republic had forfeited any right to litigate employer negligence and to recover on its lien. The attorneys later moved, under the anti-SLAPP law (Code Civ. Proc., 425.16), to strike claims that they wrongfully withdrew the settlement. The trial court concluded that dismissal of all affirmative pleadings had deprived it of jurisdiction. The court of appeal affirmed. In determining whether a claim arises from conduct protected by the anti-SLAPP law, the focus is on the wrongful, injurious acts or omissions identified in the complaint and whether they fit the statute’s description of protected conduct. Because the withdrawal of funds was neither communicative nor related to an issue of public interest, the trial court properly denied the motion.
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