Claudio v. Johnson
Alicia Claudio, individually (Plaintiff), and as guardian ad litem for minor Elise Claudio (Child), initiated this action against James C. Johnson (Defendant) for breach of contract, breach of third party beneficiary contract, specific performance, and promissory fraud. Defendant brought a special motion to strike the promissory fraud cause of action under the Strategic Lawsuit Against Public Participation (SLAPP) statute. (Code Civ. Proc., 425.16.) The trial court denied the motion, and Defendant appeals.
The order denying the motion to strike and awarding attorney fees is reversed. The trial court is directed to enter a new order granting Defendants anti SLAPP motion as to the promissory fraud claim. Upon an appropriate motion and factual showing, Defendant may recover attorney fees and costs in connection with his anti-SLAPP motion and on appeal, under section 425.16, subdivision (c), in an amount to be determined by the trial court.
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