[Download] "Rohde v. Wolf" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Rohde v. Wolf
- Author : Colorado Supreme Court
- Release Date : January 13, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
There were disputes, including threats of litigation, between a brother and sister concerning the distribution of their deceased fathers assets. During the period of the disputes, the attorney for the brother became dissatisfied when the proposed listing agent for one of the fathers real property assets, allegedly at the sisters direction, failed to send the attorney a listing agreement for the property and a proposal from a potential buyer. The attorney left voicemail messages that accused the listing agent of conspiring with the sister to defraud the brother and that threatened to take "appropriate action." The sister sued the brothers attorney for defamation based on those messages. The attorney filed a motion to strike the sisters complaint under the anti-SLAPP statute-Code of Civil Procedure section 425.16 (section 425.16). The trial court denied the motion, and the attorney appeals. In reversing, we hold that the messages, under these circumstances, are covered by the anti-SLAPP statute and the litigation privilege in Civil Code section 47, subdivision (b) (section 47), and that the lawyers anti-SLAPP motion should have been granted.