Conduct Arising Out Of Contractual Relationship, Not Protected Activities, Involved.
In CBRE, Inc. v. Mission Viejo Gateway, Inc., Case No. B255934 (2d Dist., Div. 7 June 13, 2016) (unpublished), CBRE sued a defendant in a commercial property dispute to recover a lost commission and litigation expenses based on contractual/equitable indemnity principles, seeking to recoup expenses it expended in fighting back a joinder in federal litigation and it expended in a state court action where a cross-complaint against it ultimately was dismissed. Defendant turned aggressor and tried to SLAPP the CBRE suit, which was unsuccessful. No different result on appeal. The appellate court agreed with the trial judge that this was a private dispute involving a contractual relationship, with the prayers for litigation expenses being incidental to everything. SLAPP denial affirmed, meaning the case goes on as well as CBRE’s efforts to recoup litigation expenses.