Evidence Is Not Elements

Miller Marital Deduction Trust v. Zurich Am. Ins. Co., No. A155398 (D1d3 Oct. 15, 2019)

This anti-SLAPP case is a straight up application of the Park rule. Insured sued Carrier for failure to provide Cumis counsel. As part of illustrating why Cumis counsel was required, Insured quoted some attorney statements made in connection with the litigation. Carrier calls that a SLAPP, but that’s not right. The element here is failure to provide counsel. The statements don’t satisfy the element, so the claim doesn’t arise from them. They are just a piece evidence in support of a more general point—that appointment of Cumis counsel was 
required.

Affirmed.