Thursday, March 06, 2008

California Back Specialists v. Gary Rand (Cal. Ct. App. - March 6, 2008)

You don't see a plethora of cases in which attorney's fees are awarded to the non-moving party on an anti-SLAPP motion; i.e., because the anti-SLAPP motion was frivolous. Much less do you see that happen a lot when the party spanked is an attorney.

But Van Nuys attorney Gary Rand learned today that it happens. And learned it the hard way.

Not everything you do as a lawyer -- e.g., not pay medical liens -- is protected conduct. As a result, you can't file an anti-SLAPP motion to every single lawsuit against you.

Now you know.