619-232-8151 Practicing in San Diego since 1962

Andrew Servais and Charles Grebing Obtain Appellate Court Affirmation of Dismissal of Claims Against Local Firm and Recover Over $100,000 in Attorney Fees and Costs

Wingert Grebing’s client represented numerous plaintiffs in three lawsuits in federal and state court against developers and promoters of a hotel which sold its rooms as profit generating condo units.   Following dismissals of each underlying lawsuit, including one in which a class was certified, the developers sued Wingert’s clients for malicious prosecution.

Within a month of being retained, Charles and Andrew prepared and filed Anti-SLAPP motions on behalf of the firm and individual partners contending the underlying lawsuits were prosecuted with probable cause and therefore protected by the SLAPP statute.

After both sides submitted thousands of pages of pleadings, testimony and exhibits from the three underlying lawsuits, the Trial Court found in favor of Wingert’s client dismissing the lawsuit which was then appealed.

The Court of Appeal affirmed the Trial Court’s order in full in a 59 page opinion that can be found here:  http://www.courts.ca.gov/opinions/nonpub/D068887.PDF

Wingert then recovered over $100,000 in attorney fees and costs incurred in securing the dismissal through appeal.

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