A-Ju Tours v. Zimny CA2/3
Cross-complainants and appellants A-Ju Tours, Inc. (A-Ju) and Henry Bahk (Bahk) appeal an order granting special motions to strike brought by cross-defendants and respondents Mark Zimny (Zimny), Juyeon Lee (JL), Chapel Consulting Associates, LLC (Chapel), Henry M. Lee and Henry M. Lee Law Corporation (Lee). (Code Civ. Proc., (§ 425.16.) The order eliminated the second, third and fourth causes of action of the cross-complaint.
We conclude the second cause of action, alleging intentional interference with economic advantage, did not arise out of protected activity; therefore, that cause of action must be reinstated. The third and fourth causes of action, alleging fraud in the negotiation of a settlement agreement, did arise out of protected activity. On the merits, the two fraud claims are barred by the litigation privilege and were properly stricken.
Therefore, the order is affirmed in part and reversed in part.
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