P1347           REVIEW DENIED  An action by medical providers against an attorney for disbursing funds to clients without satisfying the providers' liens was based on a controversy between private parties and not under consideration in any court or official proceedings until it was filed, so the SLAPP statute (Code of Civil Procedure section 425.16) does not apply to it; a SLAPP motion to strike the action was found to be frivolous, permitting the award of attorney fees to the party successfully opposing it.

CALIFORNIA BACK SPECIALISTS v RAND (Frivolous SLAPP) 160 CA4 1032 [See: CCP 425.16, 128.5; Wang v Wal-Mart 153 CA4 790, P/AT 9/07; Navellier v Sletten 29 C4 82, T/AT 10/02; Freeman v Schack 154 CA4 719, P/AT 1/08]