Pech v. Doniger
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In a lawsuit against his former clients and their new attorneys, attorney Pech alleged that the new attorneys interfered with his fee agreement by advising the clients not to file a complaint that Pech drafted. The new attorneys moved to strike all of Pech’s claims against them under Code of Civil Procedure section 425.16 (anti-SLAPP “Strategic Lawsuit Against Public Participation” statute). Pech argued the anti-SLAPP motion should have been denied because the new attorneys failed to identify specific allegations of protected conduct to be stricken and the new attorneys’ interference with the fee agreement was not a protected activity under the anti-SLAPP statute, or if it was protected, he established a probability of prevailing on the merits.
The trial court granted the motion in part, striking the claim for interference with contract. The court of appeal affirmed. The new attorneys identified the conduct supporting the claim for interference with contract that they asserted was protected under the anti-SLAPP statute: advice about proposed litigation against a third party, including the clients’ rights and obligations under a fee agreement with another attorney. Pech did not demonstrate a probability of prevailing on the merits, because his claim is barred by the litigation privilege contained in Civil Code section 47(b).
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