Opperwall v. Fink
In December 2003, Opperwall filed a complaint in Alameda County against Fink, as an individual, as well as Finks law firm, Mesirow, Fink, Eisenhart & Dawson, and the individuals Charles Mesirow, Marc Eisenhart, and James Dawson (collectively the Lawyer Parties.) The complaint alleged causes of action against Fink and the Lawyer Parties for abuse of process, declaratory relief and interference with prospective economic advantage related to a lawsuit in Santa Clara County involving Finks clients, Adam and Eva Gregorczuk. (Murphy v. Gregorczuk, et al., Santa Clara County Superior Court Consolidated Action No. 1-99-CV-780494.)
In response to Opperwalls original complaint in Alameda County, the Lawyer Parties filed a motion to change venue, an anti- SLAPP motion, and a demurrer. In this action, Fink represented himself and the Lawyer Parties. The motion for change of venue was granted, and the court ordered Opperwall to pay $2,000 in attorney fees. The demurrer and the anti-SLAPP motion were transferred to Santa Clara County Superior Court.
After the matter was transferred to Santa Clara County, Opperwall filed a first amended complaint alleging abuse of process, malicious prosecution and interference with prospective economic advantage. In response, Fink filed another anti-SLAPP motion and demurrer, representing himself and the Lawyer Parties. The court granted the anti-SLAPP motion. The court ordered Opperwall to pay $3,400 in attorney fees.
A judgment of dismissal was entered in October 2005, consisting of a total of $5,400 of attorney fees. Opperwall filed a notice of appeal.
The judgment is affirmed.
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