Vaca v. Lewenfus
Appellant Ana Vaca sued her former attorney, Neil M. Howard, and his alleged agent, employee, and co-conspirator, respondent Sheldon Lewenfus, for damages caused by the alleged wrongful taking of her property. Lewenfus moved to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP statute.[1] The trial court granted the motion and awarded Lewenfus his attorney fees. This appeal followed.
The complaint’s allegations are as follows: In furtherance of an alleged conspiracy with Lewenfus, Howard obtained a court order authorizing a sheriff’s sale of appellant’s residence on behalf of his client, a judgment creditor. At the sheriff’s sale, Howard did not make a credit bid on behalf of the judgment creditor—thus leaving his judgment unpaid—and Lewenfus, the sole bidder, purchased appellant’s residence at a grossly inadequate price. Howard and Lewenfus obtained the property at the expense of appellant and the judgment creditor, both former clie
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