SLAPP: Lawyer’s Claim To Recover Contingency Fee Was Not Protected Conduct To Justify A SLAPP Motion

Client’s SLAPP Motion Was Properly Denied.

            In Fink & Associates v. Finato, Case No. B325604 (2d Dist., Div. 1 Jan. 19, 2024) (unpublished), a lower court denied former client’s attempt to SLAPP former attorney’s cross-claims to recover a contingency fee after a settlement was reached.  The 2/1 DCA affirmed because the nonpayment of monies is not protected conduct under the SLAPP statute.  (Century 21 Chamberlain & Associates v. Haberman, 173 Cal.App.4^th 1, 7.)  Even though a settlement was in the factual background of the case, the cross-claims focused on failure to pay attorney’s fees, nothing about the propriety of the settlement.