Court: Supreme Court of California
Opinion Date: January 13, 2022
Judge: Goodwin Liu
Areas of Law: Arbitration & Mediation, Contracts, Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
The Supreme Court held that Curtis Olson failed to show the requisite “minimal merit” on a critical element of his breach of contract claim and thus could not defeat Jane Doe’s anti-SLAPP motion.
Doe and Olson each owned units in the same condominium building. Doe brought a civil harassment restraining order against Olson, and as a result of court-ordered mediation, the parties agreed if they encountered each other in a public or commonplace “not to disparage one another.” Doe later filed a civil lawsuit against Olson seeking damages. Olson cross-complained for breach of contract and specific performance, and Doe moved to strike Olson’s cross-complaint under the anti-SLAPP statute. The Supreme Court reversed the court of appeal’s judgment insofar as it reversed the trial court’s order granting Doe’s special motion to strike the breach of the contract clause of action with respect to statements in Doe’s civil complaint, holding that Doe had no obligation under the contract to refrain from making disparaging statements in litigation, and therefore, Olson could not defeat Doe’s anti-SLAPP motion.