E.O.C. Ord, Inc. v. Makoff
In the underlying action, E.O.C. Ord, Inc. (Ord), and the Law Offices of David McNeil Morse (Morse) asserted that John Makoff and Joel McIntyre fraudulently induced them to enter into contracts for legal services with the Unique Investment Corporation (Unique). Makoff and McIntyre demurred to the complaint, and filed a motion under Code of Civil Procedure section 425.16, the law designed to curtail the filing of strategic lawsuits against public participation, often called the anti SLAPP law. The trial court sustained Makoff and McIntyres demurrer to the complaint without leave to amend and denied the anti-SLAPP motion. Ord and Morse have appealed from the ruling on the demurrer, and Makoff and McIntyre have cross appealed from the denial of the anti SLAPP motion. We reverse the ruling on the demurrer, and affirm the denial of the anti SLAPP motion.
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