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BLACKBURN v. BRADY

No. D042010.

10 Cal.Rptr.3d 696 (2004)

116 Cal.App.4th 670

David A. BLACKBURN, Plaintiff and Respondent, v. Michael BRADY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

March 4, 2004.

Attorney(s) appearing for the Case

Estes & Hoyt and Kevin J. Hoyt, San Diego, for Defendant and Appellant.

Vivoli & Associates, Michael W. Vivoli and Matthew J. Yarling for Plaintiff and Respondent.

HUFFMAN, Acting P.J.

David A. Blackburn sued Michael Brady for partition, accounting and fraud. After the trial court overruled Brady's demurrer to the complaint, he moved to strike the lawsuit under the anti-SLAPP (strategic lawsuits against public participation) statute (Code Civ. Proc., § 425.16).1 The court denied the motion, finding the statute was inapplicable and, even if it were applicable, Blackburn had established a probability...

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