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p0711 An action against attorneys for breach of fiduciary duty based on the claim that they represented plaintiff's rival in an arbitration after having previously represented plaintiff did not arise from defendant's participation in litigation, but from their alleged abandonment of plaintiff and violation of the Rules of Professional Conduct, so the anti-SLAPP statute did not apply to it.
BENASRA v MITCHELL SILBERBERG & KNUPP (Fiduciary Duty SLAPP) 123 CA4 1179 [See: CCP 425.16; R of PC 3310(C); Benasra v Mitchell, Silberberg 96 CA4 96, P/AT 3/02; Jespersen v Zubiate 114 CA4 624 P/AT 1/04; City of Cotati v Cashman 29 C4 69, T/AT 10/02]
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