Monday, July 27, 2009

Cross-Complaint Asserted to Counter Trade Secret Complaint Falls to Anti-SLAPP Motion

Case: Raining Data Corp. v. Barrenechea, Cal. App. No. G040902 (July 21, 2009)

The One Sentence Summary: Cross-complaint alleging unfair competition and related claims arising from filing of trade secret complaint was properly stricken with anti-SLAPP motion, and award of attorneys' fees was proper.




California Court of Appeal Holdings:
  • Gravemen of cross-complaint arose from filing of plaintiff's trade secret claims, and was properly stricken under California Code of Civil Procedure section 425.16 (the anti-SLAPP [strategic lawsuit against public participation] motion).
  • Detailed declarations without attorney time statements were sufficient to establish amount of attorneys' fees awarded to plaintiff for successful anti-SLAPP motion.

0 Comments:

Post a Comment

<< Home