Jensen v. Josefsberg CA2/2
After a jury awarded a plaintiff $1.5 million in damages for two defendants’ malicious prosecution of a prior lawsuit, the plaintiff filed a declaratory relief action seeking a declaration that her judgment liens had priority over defendants’ attorney’s liens. The defendants filed a motion to strike the plaintiff’s declaratory relief claim under our anti-SLAPP law (Code Civ. Proc., § 425.16). The trial court denied the motion on the ground that plaintiff’s declaratory relief action did not constitute “protected activity” subject to the anti-SLAPP law. We agree that the plaintiff’s primary declaratory relief claim was not protected activity but disagree that her subsidiary claim was either unprotected or meritorious. Accordingly, we affirm in part and reverse in part.
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