Oasis West Realty v. Goldman 3/3/10 CA2/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B217141

Case Date: 06/10/2010

Preview:Filed 3/3/10

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

OASIS WEST REALTY, LLC, Plaintiff and Respondent, v. KENNETH A. GOLDMAN et al. Defendants and Appellants.

B217141 (Los Angeles County Super. Ct. No. SC101564)

APPEAL from a judgment of the Superior Court of Los Angeles County. Norman P. Tarle, Judge. Reversed. Faribank & Vincent, Dirk L. Vincent, Michael B. Norman for Defendants and Appellants. Rosoff, Schiffres & Barta, H. Steven Schiffres, Robert M. Barta for Plaintiff and Respondent.

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This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty, Inc. in connection with Oasis's efforts to redevelop real estate it owned in Beverly Hills. Two years after Reed Smith ended the representation, Goldman took some action in opposition to the redevelopment. Oasis sued Goldman and Reed Smith for breach of fiduciary duty, professional negligence, and breach of contract on the theory that Goldman's acts constituted a breach of appellants' ethical duties to Oasis. Appellants filed a special motion to strike, contending that all causes of action arose from Goldman's acts "in furtherance of [his] right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue." (

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