Episcopal Church Cases

Full title: Episcopal Church Cases

Court: California Court of Appeals, Fourth District, Third Division

Date published: Jun 25, 2007

No. G036498 (Cal. Ct. App. Jun. 25, 2007)

Opinion

EPISCOPAL CHURCH CASES. G036498 California Court of Appeal, Fourth District, Third Division June 25, 2007

NOT TO BE PUBLISHED

Appeal from an order of the Superior Court of Orange County, JCCP No. 4392 David C. Velasquez, Judge. Reversed.

Holme Roberts & Owen and John R. Shiner for Plaintiffs and Appellants.

Payne & Fears, Eric C. Sohlgren, Benjamin A. Nix and Daniel F. Lula for Defendants and Respondents.

OPINION

SILLS, P. J.

In a related case involving the same parties, the trial court granted the defendants’ anti-SLAPP suit motion and dismissed the plaintiffs’ lawsuit. A request for attorney fees by defendants followed, and about $100,000 in total fees and costs were awarded.

The plaintiffs have appealed. As we explain (at great length) in the published opinion from the appeal of the judgment of dismissal, the plaintiffs have a meritorious case and the anti-SLAPP suit motion should never have been granted. (See generally Episcopal Church Cases (June __, 2007, G036096, G036408, G036868) ___ Cal.App.4th ___. Accordingly, the order premised on the loss of the anti-SLAPP suit motion must be reversed. Appellants are to recover their costs on appeal.

WE CONCUR: MOORE, J., FYBEL, J.