Lanz v. GoldstoneAnnotate this Case
Goldstone and Lanz are Santa Rosa attorneys. Lanz represented Garcia-Bolio in a “Marvin” action and had a contingency fee agreement. The suit settled on the third day of trial. There was a dispute as to the value of the settlement and Lanz’s fee. Lanz sued Bolio, who failed to respond, and her default was taken. Goldstone became Bolio’s lawyer and, following relief from default, filed an answer and a cross-complaint, alleging breach of fiduciary duty, professional negligence, and several ethical violations by Lanz, including that he acted with “moral turpitude.” Lanz defeated Bolio’s cross-claims, leaving only Lanz’s claim against Bolio. Lanz obtained a complete victory at trial, in a decision highly critical of Bolio’s conduct. Lanz then sued Goldstone for malicious prosecution. Goldstone filed an anti-SLAPP (strategic lawsuit against public participation) motion to dismiss. The court of appeal affirmed denial, concluding that Lanz met his burden under prong two of the anti-SLAPP analysis, demonstrating a probability of success on all three elements of malicious prosecution.