Simmons v. Cella CA2/8
In these consolidated appeals, we conclude plaintiff Kristin Simmons’s conversion and fraudulent concealment claims based on the failure of attorney Christopher Cella and his law firm, Cella, Lange & Cella, LLP (collectively, Cella), to pay her a portion of the settlement proceeds in an underlying lawsuit (the Heritage action) did not arise from protected activity within the meaning of the anti-SLAPP statute, Code of Civil Procedure section 425.16. Accordingly, we reverse the orders granting the anti-SLAPP motion and awarding attorney fees and costs to Cella. We remand with directions to vacate those orders and enter a new order denying Cella’s anti-SLAPP motion.
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