San Diego Partner Scott A. Davis and Associate Sophie R. Guinan Prevail on Anti-SLAPP Motion

San Diego Partner, Scott A. Davis, and Associate, Sophie R. Guinan successfully struck a property owner plaintiff’s ‘fraudulent inducement’ cause of action against our developer and general contractor clients by way of a Special Motion to Strike, or “anti-SLAPP” motion (strategic lawsuit against public participation).    Anti-SLAPP motions are a powerful tool for eliminating retaliatory lawsuits aimed at deterring defendants from exercising their right of free speech and to petition the courts.

The case centers on the parties’ settlement discussions and conduct in resolving prior litigation related to a land access dispute.  Plaintiff filed a second lawsuit that alleged he was “fraudulently” induced to settle the previous litigation, and demanded recission and punitive damages from our clients.  Plaintiff raised numerous allegations of fraud predicated entirely on the defendants’ protected conduct and statements.  The KNCH team successfully argued that Plaintiff’s fraud cause of action was baseless and precluded under California’s anti-SLAPP statute.  The Court agreed, granting the motion and summarily denying Plaintiff’s request for leave to amend all before one dollar was spent on discovery!

In addition to judgment in their favor on the plaintiff’s fraud claims, KNCH’s client will also be entitled to recover their attorney’s fees and costs incurred to defend it.