Dunsworth v. Shoham CA2/5
In prior litigation, several restaurant employees brought employment claims against the restaurant. The court granted the restaurant’s motion to compel arbitration and referred the matter to binding arbitration pursuant to the employment contract. In the arbitration, the employees added the restaurant owner as a respondent even though she was not a party to the contract. The arbitrator found against the employees and in favor of the restaurant and the owner. The owner subsequently filed this separate lawsuit, asserting claims of malicious prosecution and intentional and negligent infliction of emotional distress against the employees and their attorneys, based on being named as a respondent in the arbitration. The attorneys and employees moved to strike the owner’s complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.)
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