Threat of Litigation Not Made in Good Faith is Not Protected by California Anti-SLAPP Statute

P sued D in Small Claims Court to recover 'deferred compensation' and lost. Subsequently, P's attorneys sent demand letters to D for the same claims, and filed a lawsuit on it. D brought anti-SLAPP motion under Cal. Code Civ. Proc. 425.16. Anti-SLAPP covers protected free speech including statements made in anticipation of litigation contemplated in good faith and under serious consideration. Held: P's statement of intent to litigate claims that had been previously resolved against P (in the Small Claims Court) could not have been made in good faith.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.