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Anti-SLAPP Motions

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In Berry v. Locke, 2018 WL 1958851, at *2–3 (Cal.App. 2 Dist., 2018), the Court of Appeal in an unpublished decision dismissed a Rosenthal Act class action arising from 3-day cure-or-quit notices served by a law firm in anticipation of litigation. A statement or writing made in a judicial proceeding is protected activity. (§ 425.16, subd. (e)(1)-(2).) Further, “ ‘communications… Read More

In Picazo v. Kimball, Tirey, & St. John, LLP, 2018 WL 1583228, at *5 (S.D.Cal., 2018), Judge Miller granted an Anti-SLAPP action filed by a debt collector in a Rosenthal Act claim arising from alleged misconduct in a state court UD action.  Judge Miller first found that the Rosenthal Act prevailed over the litigation privilege under the facts of the… Read More

In Le v. Sunlan Corporation, 2014 WL 296032 (N.D.Cal. 2014), Judge Breyer awarded over $47,000 in attorneys' fees and costs to a Debt Buyer who had to defend an FDCPA claim grounded on a claim that Financial Code section 22340 (which applies to real estate backed loans) prohibited the sale of a CashCall loan.  "The Court will not revisit its holding that section… Read More

In Davis v. Hollins Law, 2013 WL 1091221 (E.D.Cal. 2013), Judge Karlton (again) found that that the “attorney” exemption from the definition of “debt collector” under the Rosenthal Act does not extend to “law firms.”  Judge Karlton also found Defendants’ anti-SLAPP motion wanting because the phone calls left were not meaningfully in anticipation of litigation. Defendant argues that it left… Read More