A conspiracy is an agreement between two or more persons to commit an illegal, unlawful, or wrongful act.
Sound familiar?
Although not all conspiracy claims are meritless, if you’ve been sued for conspiracy, you may well have been SLAPPed.
The case below is an example of a SLAPP that includes a conspiracy claim:
ComputerXpress, Inc. v. Jackson, et al.
(2001, 4th District – 93 Cal.App.4th 993, 113 Cal.Rptr.2d 625)
After a failed attempt at merger between ComputerXpress and a business owned by defendants, defendants posted statements about ComputerXpress on the internet and filed a complaint against ComputerXpress with the Securities and Exchange Commission (SEC). ComputerXpress sued, alleging in nine causes of action that defendants had conspired to damage its reputation and cause it economic harm. The trial court denied defendants’ motion to strike the entire complaint on the grounds that none of the causes of action fell under the anti-SLAPP statute. The court concluded that the causes of action arising from statements made in Internet postings and an SEC complaint fell under the anti-SLAPP statute, whereas those arising from statements made in private business transactions did not. Accordingly, the court remanded the case to the trial court to determine whether plaintiff can demonstrate a probability of prevailing on the causes of action subject to the anti-SLAPP statute. In addition, the court ruled that defendants should be considered the prevailing party on the SLAPP motion, notwithstanding their partial success, and thus are entitled to attorney fees and costs.
If you suspect that the lawsuit against you is a SLAPP, contact CASP for a free consultation.
The information on this website is not, nor is it intended to be, legal advice. The information here is meant to provide general information to the public. We would be happy to consider your specific situation and the possibility of providing legal advice or assistance if you contact us directly.