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Pre-Litigation Emails Protected by Litigation Privilege and anti-SLAPP Statute

A staffing and payroll company, Simplified, sued an insurance agency, Trinity, for fraud related to workers’ compensation coverage. After the owner of Simplified sent several emails demanding documents and accusing Trinity of fraud, Trinity counter sued for allegedly defamatory statements.


In January, 2011, the Court found these statements were protected by the anti-SLAPP statute because they were shielded by the litigation privilege. Emails made in anticipation of litigation were protected and Trinity could not prove a probability of success on the merits of its defamation claim.


The Court also found that Simplified did not need to “meet and confer” prior to filing its anti-SLAPP motion. Even though Trinity later agreed to dismiss the defamation lawsuit after Simplified had already filed its anti-SLAPP motion, Simplified was still entitled to its attorneys’ fees and costs.


The published decision can be found here: https://www.courts.ca.gov/opinions/documents/B297176.PDF


Garcia Hong Law are litigators who have successfully represented clients with anti-SLAPP motions. Call us at 858-255-0163 or email us at [email protected] to speak with an experienced attorney for help with the SLAPP statute.  


The information on this post is not, nor is it intended to be, legal advice. The information here is meant to provide general information to the public.

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