Episcopal Church Cases

Filed 6/25/07 Episcopal Church Cases CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from an order of the Superior Court of Orange County, David C. Velasquez, Judge. Reversed.

Holme Roberts & Owen and John R. Shiner for Plaintiffs and Appellants.

Payne & Fears, Eric C. Sohlgren, Benjamin A. Nix and Daniel F. Lula for Defendants and Respondents.

* * *

In a related case involving the same parties, the trial court granted the defendants anti-SLAPP suit motion and dismissed the plaintiffs lawsuit. A request for attorney fees by defendants followed, and about $100,000 in total fees and costs were awarded.

The plaintiffs have appealed. As we explain (at great length) in the published opinion from the appeal of the judgment of dismissal, the plaintiffs have a meritorious case and the anti-SLAPP suit motion should never have been granted. (See generally Episcopal Church Cases (June __, 2007, G036096, G036408, G036868) ___ Cal.App.4th ___. Accordingly, the order premised on the loss of the anti-SLAPP suit motion must be reversed. Appellants are to recover their costs on appeal.

SILLS, P. J.

WE CONCUR:

MOORE, J.

FYBEL, J.

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