Yeager v. Holt, No. C079897 (D3 May 16, 2018)
Famed test pilot Chuck Yeager got successfully sued for fees by his former attorney. He apparently retaliated by suing the attorney for malpractice, breach of fiduciary duty, and other stuff. Attorney filed an anti-SLAPP motion. But this case isn’t a SLAPP. It is well-established that a case being motivated by a prior litigation does not necessarily mean the new case arises from the prior one. Yeager isn’t suing Attorney for suing him for fees. He’s suing him for doing a bad job. And while this lawsuit might be frivolous or barred by res judicata from the earlier case, that alone doesn’t make an anti-SLAPP motion the appropriate remedy to get it dismissed.
Affirmed.
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