J.B.B. Investment Partners v. Fair CA1/2
This is our fifth opinion arising from litigation initiated in 2013 by J.B.B. Investment Partners, Ltd. (JBB) and Silvester Rabic (collectively, plaintiffs) against R. Thomas Fair, Bronco RE Corporation (Bronco), BRE Boulevard (Boulevard) and BRE Cameron Creek LLC (Cameron) (collectively, Fair defendants). Plaintiffs successfully sued the Fair defendants to enforce a settlement agreement between the parties. In 2019, plaintiffs filed another lawsuit, against both the Fair defendants and their attorneys, asserting abuse of process and other claims related to the protracted underlying litigation. The attorneys filed a motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16) and requested fees as the prevailing party on the motion. The trial court granted the motion only as to the abuse of process claim and denied the fee request.
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