Lawsuit over supposed concealing of information during settlement negotiations is properly characterized as an illegal SLAPP suit. A suit claiming that in connection with entering into a settlement of plaintiff’s prior action against it, defendant actively concealed information that would, if disclosed, have caused plaintiff to demand a larger settlement was a SLAPP suit premised solely on the defendant’s protected conduct during the prior lawsuit. In settling the prior action, the defendant was protected in both what it told plaintiff and what it chose not to say. Also protected was defendant’s direction to a third party to send its proposal to his attorney not him directly so as to maintain confidentiality and avoid disclosure to plaintiff.
California Court of Appeal, Second District, Division 4 (Epstein, P.J.); September 7, 2016; 2016 WL 4655761