Nelson v. Mullen & Henzel, LLP CA2/6
This appeal arises from a dispute between a law firm, Mullen & Henzell, L.L.P. (the Firm), and one of its former partners, Jeffrey C. Nelson. The litigation began when the Firm sued Nelson for breach of a promissory note. Nelson and his development company, Oak Creek Company (Oak Creek) (collectively “appellants”), cross-complained against the Firm, alleging, among other things, intentional interference with prospective business advantage (interference claim).
The Firm successfully demurred to the cross-complaint and first amended cross-complaint (FACC). The Firm did not move to strike the interference claim under Code of Civil Procedure section 425.16 (California’s so-called anti-SLAPP statute) until the claim was repeated for the third time in the second amended cross-complaint (SACC).
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