Jovaag v. Ott CA6

Filed 7/22/13 Jovaag v. Ott CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

JORY A. JOVAAG, H038468 (Santa Clara County Plaintiff and Appellant, Super. Ct. No. CV215896)

v.

DONALD R. OTT et al.,

Defendants and Respondents.

This appeal is one in a series of appeals brought by Jory A. Jovaag related to the termination of her 29-year purported common-law marriage to Donald R. Ott, and Ms. Jovaag‟s action against Mr. Ott over the division of the couple‟s jointly held property.1 The present appeal is of the trial court‟s order granting Mr. Ott and his attorney, Daniel Jensen‟s special motion to strike (“anti-SLAPP” motion) against Ms. Jovaag, and dismissing Ms. Jovaag‟s complaint against Mr. Ott and Mr. Jensen. Ms. Jovaag, who is proceeding in propria perona, asserts on appeal that the trial court erred in granting the anti-SLAPP motion, because it applied the wrong legal standard under Code of Civil Procedure section 425.16.

1 Jovaag v. Ott, Santa Clara County Superior Court No. CV119884.

STATEMENT OF THE CASE The underlying action for division of Ms. Jovaag and Mr. Ott‟s jointly held property was tried in May 2011. The court ruled in favor of Mr. Ott, and issued an injunction freezing all of Ms. Jovaag‟s accounts. Ms. Jovaag and Mr. Ott appeared for further hearing on the matter on May 16, 2011, and entered into a global settlement of all issues. On July 20, 2011, a judgment was entered in favor of Mr. Ott. Part of the judgment required Ms. Jovaag to execute an interspousal transfer deed of trust to real property. In January 2012, Ms. Jovaag filed a complaint against Mr. Ott and Mr. Jensen, as well as Champion Mobile Notary, who notarized the interspousal transfer deed. The complaint alleged fraud, real estate fraud, deceit and undue influence. The basis of Ms. Jovaag‟s allegations is her belief that Mr. Ott and Mr. Jensen willfully deceived her, threatened her with criminal charges, and exerted undue influence over her so that she would execute the interspousal transfer deed. On March 16, 2012, Mr. Ott filed an anti-SLAPP motion pursuant to Code of Civil Procedure section 425.16. 2 Mr. Jensen also filed an anti-SLAPP motion, which the court granted on May 24, 2012, dismissing Ms. Jovaag‟s complaint. Ms. Jovaag filed a notice of appeal. DISCUSSION On appeal, Ms. Jovaag asserts the court applied the wrong legal standard in considering Mt. Ott‟s and Mr. Jensen‟s anti-SLAPP motion. A SLAPP, or Strategic Lawsuit Against Public Participation, is an unsubstantiated lawsuit arising from the defendant‟s constitutionally protected speech or petitioning activity. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 60