Marquez v. Allstate Ins. Co. CA2/4

Filed 7/29/13 Marquez v. Allstate Ins. Co. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

OLIVIA MARQUEZ et al., B238703

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. KC059808) v.

ALLSTATE INSURANCE CO. et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Salvatore T. Sirna, Judge. Affirmed. Combs & Schaertel and Arthur T. Schaertel for Plaintiffs and Appellants. McKenna Long & Aldridge, Peter H. Klee and Theona Zhordania for Defendant and Respondent Allstate Insurance Company.

INTRODUCTION Plaintiffs and appellants Olivia Marquez and Bridgette Angulo appeal from the trial court‟s order granting a special motion to strike under Code of Civil Procedure section 425.16 (section 425.16) filed by respondent Alexander Haus. However, they failed to provide this court with any of the relevant pleadings upon which the trial court based its decision. Accordingly, we presume that the trial court‟s decision was correct and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND Appellants filed suit against defendants and respondents Allstate Insurance Company and Allstate Indemnity Company (collectively Allstate) as well as Allstate employees Alexander L. Haus, Shirley Y. Komura, and Edward M. Liddy. Haus, who was in-house counsel for Allstate, had represented Allstate during a prior arbitration with appellants, who sought coverage by Allstate for injuries they suffered in an accident involving an uninsured motorist. As to Haus, the original complaint and the subsequent first amended complaint alleged causes of action for illegal practice of law, negligent misrepresentation, intentional misrepresentation, and negligence. The trial court sustained demurrers to the first amended complaint, and appellants filed a second amended complaint (SAC). Haus filed an anti-SLAPP motion in response to the SAC, which the court granted on November 16, 2011. The court found that appellants‟ claims against Haus were premised entirely on his representation of Allstate during the arbitration proceeding, which constituted an “official proceeding authorized by law” pursuant to section 425.16, subdivision (e)(2). Therefore, Haus had satisfied his burden to show that appellants‟ causes of action fell within the class of suits subject to a special motion to strike. Further,