Dodson v. Irving Pomerantz & Assocs.
An individual hired an accountant to prepare her tax returns. She ultimately terminated the services of the accountant prior to the completion of any returns. The accountant sued the individual for his hourly fee for the time spent working on her file. This suit was voluntarily dismissed on the day set for trial. The individual then brought a malicious prosecution against the accountant and his attorney. The accountant and attorney prevailed on an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion, and the individuals malicious prosecution action was dismissed. The accountant and the attorney were awarded their attorney fees as prevailing movants on the anti SLAPP motion. The individual appeals. Court affirm the orders in favor of the attorney, but reverse the orders in favor of the accountant.
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