The Consulting Group v. Anderson
Filed 6/12/06 The Consulting Group v. Anderson CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE CONSULTING GROUP, INC., Plaintiff and Respondent, v. DARIN P. ANDERSON, Defendant and Appellant. | G036285 (Super. Ct. No. 04CC12638) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Derek Guy Johnson, Judge. Affirmed.
Teuton, Loewy & Parker and Kenneth G. Parker for Defendant and Appellant.
Lewis Brisbois Bisgaard & Smith, David E. Reynolds, Kenneth D. Watnick and Ivan L. Tjoe for Plaintiff and Respondent.
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Darin P. Anderson appeals an order denying his special motion to strike The Consulting Group's complaint pursuant to Code of Civil Procedure section 425.16. We find that the special motion to strike was properly denied because TCG's claims against Anderson do not arise from protected activity. We therefore affirm the order denying the motion.
I
FACTS
The Consulting Group (TCG), a closely held corporation, develops wireless communications infrastructure. Darin P. Anderson was a TCG employee and officer until 2002. At the time, TCG provided services for Cingular Wireless (Cingular), including locating property and leasing property on which TCG would then design and build wireless communication facilities. After he was terminated, Anderson filed a demand for arbitration with the American Arbitration Association alleging wrongful termination, and TCG cross-claimed against him.
TCG alleges that during the process of discovery, it learned that Anderson, while working at TCG, had conspired with Charles O'Neal, a former co-owner of TCG, Brien[1] Bloss, and Ramsey Faris to deprive TCG of corporate opportunities. Apparently, Bloss worked for Harrison & Holland, a company hired to act as telecommunications consultants by the developer of the Ladera Ranch project. According to Anderson, Bloss had approached Anderson both while he was working at TCG and after he was terminated about developing a competing company. TCG also alleged Anderson had conspired with Faris, an independent contractor, and O'Neal to divert opportunities to do business with Cingular away from TCG.
In May 2003, Anderson and TCG entered into a settlement agreement and mutual release. Anderson agreed to pay TCG $425,000, which included $275,000 in cash and a $150,000 donation by the Darin and Lori Anderson Foundation to a charity chosen by Michael Flynn, TCG's president.
Anderson also agreed, in paragraph 3(c) of the settlement agreement (the cooperation clause), to cooperate with TCG in litigation it had recently filed against Cingular (the Cingular litigation). The Cingular litigation related to Cingular's refusal to pay TCG approximately $50 million for services rendered. The cooperation clause stated: â€
