Genesis v. Pentax

N/A

OUTCOME: Trial court granted demurrer to complaint / denied anti-SLAPP motion to Complaint. On appeal, grant of demurrer affirmed. Denial of anti-SLAPP motion reversed. Case dismissed favorably for defendant client.

Plaintiff sued judgment creditor for allegedly levying against the wrong judgment debtor. Plaintiff sued for damages resulting from having to suspend its business operations. Defendant demurred on the ... basis of the litigation privilege and filed an anti-SLAPP motion. Case dismissed through grant of demurrer without leave to amend. Plaintiff appealed, dismissal affirmed. Held in non-published decision: the defendant judgment creditor's enforcement activity, even if conducted against a mis-identified judgment debtor, is protected under the litigation privilege and under the anti-SLAPP statute.