Davis v. Purple Mountain Empire X CA4/1
Plaintiff Keith Davis alleges that his former employer Purple Mountain Empire X, LLC (PMEX) and its counsel Stephen Fitch committed fraud on the court to secure the dismissal of his 2012 sexual harassment lawsuit. Davis has asserted variations of this basic claim in multiple lawsuits filed over the years against PMEX, Fitch, and others, resulting in prior rulings adverse to Davis on demurrers and anti-SLAPP motions. Presented with another attempt, the trial court granted PMEX’s motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16 ), concluding Davis’s claims against PMEX arose from PMEX’s protected petitioning activity and lacked minimal merit given the litigation privilege and res judicata.
Addressing Davis’s appeal, we affirm the trial court’s sound analysis as to six of nine causes of action in Davis’s complaint, which rest on alleged litigation misconduct by PMEX and its counsel in prior court proceedings. We must reverse, however, as to the three e
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