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New Cases of Interest - January 27, 2015
Southern California Gas Company v. Flannery (2014) 232 Cal.App.4th 477. Plaintiff had filed an interpleader action against a defendant and the defendant's former attorney. Defendant filed a SLAPP motion while the plaintiff also filed a motion for discharge in the interpleader action. The court found that that interpleader action was properly filed and plaintiff was entitled to discharge from the interpleader proceeding as well as an award of attorney's fees. There were underlying settlement funds which the defendant and the defendant's former attorney had submitted competing claims to and the interpleader was a viable legal option to resolve these conflicting claims. The denial of the SLAPP motion by the trial court was proper in that the trial court properly had determined that the interpleader motion established a probability that the plaintiff would prevail.