CALIFORNIA BACK SPECIALISTS MEDICAL GROUP v. Rand

Opinion

COFFEE, J.

Appellant Gary Rand appeals from an order denying his special motion to strike the complaint of California Back Specialists Medical Group, Conejo Neurological Group, Inc., doing business as Medical Imaging Medical Group, Conejo Neurological Group, Inc., and Thousand Oaks Spine Medical Group, Inc. (CBSMG), as a SLAPP suit (strategic lawsuit against public participation) pursuant to Code of Civil Procedure section 425.16.

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[1035]

Appellant contends that (1) CBSMG’s complaint arose from protected activity, (2) CBSMG did not establish a probability of prevailing, and (3) the court’s award of attorney fees to CBSMG was unauthorized. We affirm. Appellant did not meet his burden of showing that CBSMG’s lawsuit arose from protected activity and the fee award was authorized.

Factual and Procedural Background

Appellant is an attorney. His clients, Frank and Mona Beltran (the Beltrans), were injured in automobile accidents in 1997 and 1998. CBSMG provided their medical treatment, pursuant to liens on their personal injury actions. Appellant represented the Beltrans in the underlying personal injury actions. The personal injury actions were resolved, and appellant disbursed the proceeds without notifying CBSMG or satisfying the medical liens.

In 2006, CBSMG filed this action against appellant, seeking payment pursuant to the liens, and an award of punitive damages. CBSMG alleged that appellant failed to notify it when the personal injury cases were complete, and disbursed the proceeds from those cases without withholding the funds owed to CBSMG, in violation of the liens. CBSMG asserted causes of action for breach of contract, breach of fiduciary duty, conversion, money had and received, and unjust enrichment.

Appellant moved to strike CBSMG’s complaint as a SLAPP suit. The trial court considered the complaint and affidavits offered in support and opposition.

The complaint included copies of the medical liens. These liens were signed by the Beltrans and also bear a signature above appellant’s name. Appellant denies signing the liens. The liens provide, “The undersigned, being attorney of record for the above-captioned patient, does hereby agree to observe all terms of the above and agrees to withhold such sum from any settlement, judgment or person and warrants that there is a fiduciary relationship between the attorney and the Physician and the Group regarding payment from any settlement or judgment of the fees for medical services rendered by Physician and Group.” The liens are executed in favor of several (but not all) of the CBSMG entities.