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4527 During a dispute in which both sides were threatening litigation, an attorney's threat of litigation coupled with the statement that plaintiff was conspiring to defraud the attorney's client were exercises of the constitutional right of petition, so the SLAPP statute applied to a defamation cause of action arising from them; the statement was protected by the Litigation Privilege, preventing plaintiff from making out a case.
ROHDE v WOLF (Threat of Action) 154 CA4 28 [See: CCP 425.16; CivC 47; Flatley v Mauro 39 C4 299, P/AT 9/06]
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