(Download) "Flatley v. Mauro" by In the Court of Appeal of the State of California Second Appellate District Division Five ~ Book PDF Kindle ePub Free
eBook details
- Title: Flatley v. Mauro
- Author : In the Court of Appeal of the State of California Second Appellate District Division Five
- Release Date : January 02, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
CERTIFIED FOR PUBLICATION I. Introduction Defendant, D. Dean Mauro, who is an attorney, appeals from an order denying his special motion to strike, pursuant to Code of Civil Procedure 1 section 425.16, the second amended complaint for civil extortion, intentional infliction of emotional distress, and wrongful interference with perspective economic advantage brought by plaintiff, Michael Flatley. The complaint was filed two days after Mr. Mauro, on behalf his client co-defendant, Tyna Marie Robertson, commenced litigation in Illinois against plaintiff. Ms. Robertson is not a party to this appeal. Mr. Mauro argues the trial court should have granted the special motion to strike because the second amended complaint alleges harm that results from the protected activity of proposing settlement of a disputed claim on behalf of Ms. Robertson. Further, Mr. Mauro argues his conduct was absolutely privileged as prelitigation communications pursuant to Civil Code section 47, subdivision (b). We disagree and affirm the order denying the special motion to strike. The trial court properly ruled the pre-litigation attempt to extort money in exchange for silence is not the proper subject of a special motion to strike.
 "Flatley v. Mauro" by In the Court of Appeal of the State of California Second Appellate District Division Five ~ Book PDF Kindle ePub Free){kind=link}