Stuart Kane v. The Law Offices of J.D. Cuzzolina C
Defendant the Law Offices of J.D. Cuzzolina, Esq. appeals from the court’s order denying its special motion to strike (anti-SLAPP motion) under Code of Civil Procedure section 425.16. The court found plaintiff Stuart Kane LLP’s declaratory relief action did not arise from protected activity. The court also held the anti-SLAPP motion was frivolous and ordered defendant pay $5,000 in costs and fees to plaintiff.
Defendant raises three arguments on appeal. First, defendant contends plaintiff’s declaratory relief action arises from protected activity because it is based on defendant’s professional representation of its client and an underlying settlement agreement. Second, defendant argues plaintiff cannot prevail on the merits of its claim for declaratory relief. Finally, defendant claims the court erred by awarding costs and fees to plaintiff because the anti-SLAPP motion was not frivolous.
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