On January 11, 2021, in Trinity Risk Management, LLC v. Simplified Labor Staffing Solutions, Inc., the California Court of Appeal in the Second District affirmed a trial court’s grant of an anti-SLAPP motion. However, the court did not publish the opinion. GED’s lead appellate lawyer and certified appellate specialist recognized the case’s importance in anti-SLAPP law and requested the court publish the opinion. On January 14, 2021, the court granted his request.
In the case, the court analyzed, in part, whether prelitigation emails related to litigation for purposes of an anti-SLAPP motion. The court held that they did, despite the emails not threatening litigation, not invoking the word “lawsuit,” and not requesting a preservation of documents. Instead, the emails requested discovery, and the lawsuit was filed shortly after the emails were sent. Accordingly, the court held those prelitigation emails fell under the protections for anti-SLAPP.
If you have any anti-SLAPP related issues, or appellate advocacy generally, please contact our office.