Court Denies Former Client’s Anti-SLAPP Motion Filed in Response to Attorney’s Cross-Complaint for Misrepresentation

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It is not uncommon for an attorney sued for malpractice to respond to the complaint by filing an anti-SLAPP motion, contending that the lawsuit arose out of a protected activity. Most of those motions are denied. A novel twist on the application of the anti-SLAPP procedure can be found in Masten v. Miller, King & James, LLP, an unpublished decision handed down by the California Court of Appeal (First Appellate District, Division One) on January 21, 2011.

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