Feldman And Harker Score Major Victory For Attorney Clients
CM partners Ian Feldman and Jay Harker achieved complete victory for their attorney clients in defending a malicious prosecution action through appeal in California. The complicated, multi-year dispute encompassed several lawsuits. The first lawsuit arose from an attempted real estate transaction. The aspiring purchasers sued an escrow company when their deal fell through, alleging that it failed to ensure timely payment of a tax obligation. When the tax was not timely paid, the government initiated a foreclosure proceeding that thwarted the plaintiffs’ purchase. CM’s attorney clients obtained a defense verdict for the escrow company. This was upheld on appeal, although the trial court’s fee award in favor of the escrow company was reversed.
In the second lawsuit, our clients represented the escrow company in an action for malicious prosecution against the underlying plaintiffs. The trial court granted an anti-SLAPP motion against the escrow company, which was affirmed on appeal.
In the third lawsuit, some of the original plaintiffs and their attorney sued our clients and the escrow company, asserting malicious prosecution in the second lawsuit. We successfully brought an anti-SLAPP motion against these malicious prosecution claims. The trial judge granted the motion, and the plaintiffs appealed. The court of appeal recently issued a comprehensive decision in favor of our clients and allowing our clients to recover their costs on appeal.
Ian R. Feldman
Jay D. Harker