Wednesday, November 21, 2007

Significant Unpublished SLAPP Defense Cases


11/28/06- Berger v. Dobias (2nd Dist. No.B182072) Mr. Moneer represented defendant and appellant Dobias. Plaintiffs sued defendant for malicious prosecution and abuse of process arising out of a civil suit for assault and a petition for an injunction prohibiting harassment (Code Civ. Proc., § 527.6; all further statutory references are to the Code of Civil Procedure unless otherwise indicated). Defendant filed a special motion to strike, contending the action was a SLAPP (strategic lawsuit against public participation) (§ 425.16). The trial court denied the motion. Defendant appealed and the order was reversed.



11/8/04 - Thermoview v. UCAN (D042815; SDSC GIC 808576). Mr. Moneer represented defendant and appellant UCAN as special counsel in preparing and arguing the SLAPP motion in the trial court with the assistance of UCAN's general counsel, John Hansen, at Rosner, Law, & Mansfield. The trial court per Judge Hayden denied the SLAPP motion. The Court of Appeal reversed and held that UCAN's (e)(4) public issue SLAPP motion should have been granted as to all claims and awarded UCAN fees and costs.

Represented defendant Chappell and obtained complete reversal of order denying SLAPP motion against Jones, Day, Reavis & Pogue, Irvine. Commonwealth Energy Corp. v. Chappell (4th Dist/3 No. G026344) filed January 15, 2002.

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