SPM v. Kahn
The plaintiffs in this action, SPM, Inc., KPOD, Ltd., KAC, Inc., M&B Partners, Irenemarie Kennedy, and John F. Kennedy (hereafter, collectively the Appellants), are all affiliated with or related to an individual named Sailor J. Kennedy. The defendant, Berger Kahn, is a law corporation, which has a $355,000 judgment against Sailor Kennedy and one of his companies, Kennecorp Mortgage Brokers, Inc. (Kennecorp), for unpaid legal fees. In accordance with Code of Civil Procedure section 708.410, Berger Kahn filed a notice of judgment lien in an unrelated pending lawsuit in which the Appellants and Kennecorp were plaintiffs. When the existence of Berger Kahns lien caused a hoped for settlement to unravel, the Appellants sued Berger Kahn for negligent and intentional interference with prospective economic advantage. The trial court granted Berger Kahns special motion to strike the complaint as a strategic lawsuit against public participation, i.e., SLAPP suit ( 425.16). On appeal, the Appellants contend their action was not properly subject to an anti SLAPP motion and they presented sufficient evidence they had a probability of prevailing. Court reject their contentions and affirm the judgment.
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