Thursday, April 30, 2015

Legal Malpriactice Is Not Subject to SLAPP

Loanvest I, LLC v. Utrecht, No. A141564 (D1d3 Mar. 26, 2015)

Superficially, claims of litigation malpractice seem like they arise from protected petitioning activity under the first prong of the anti-SLAPP analysis. After all, litigation is quintessential petitioning activity. But when you scratch the surface, the gist of the claims isn’t really the petitioning itself; it is that the petitioning was incompetent. So while claims against attorneys by third parties and claims against attorneys for petitioning on behalf of other clients generally come within the ambit of Code of Civil Procedure § 425.16(e), claims by a client based on petitioning on behalf of that client do not. A pretty long line of cases bears this out.  


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