Leegin Creative Leather Prods., Inc. v. Diaz, 131 Cal. App. 4th 1517 (2005)

Leegin Creative Leather Products, Inc. filed a civil fraud complaint against one of its employees after it learned that the employee had filed a false workers’ compensation claim against the company. Leegin alleged that it had been damaged by the filing of the false claim because its insurance premiums and reserves would be automatically increased. The employee responded by filing a special motion to strike Leegin’s complaint pursuant to the anti-SLAPP statute, alleging that Leegin’s action would have a “chilling effect” on her constitutional right to seek redress for her alleged injuries through the workers’ compensation system. The trial court granted the employee’s motion to strike and awarded her attorney’s fees and costs, and the Court of Appeal affirmed the judgment. The appellate court held that Leegin had failed to demonstrate a probability that it would prevail on the merits of its fraud claim since Leegin could not establish either that it had justifiably relied upon the employee’s allegedly fraudulent workers’ compensation claim or that it had been damaged thereby. The Court observed that there is a statutory remedy within the workers’ compensation framework (Labor Code Section 3761) of which an employer can avail itself in the event that it has actual knowledge of facts that would tend to disprove any aspect of the employee’s claim and that there are civil and criminal sanctions that can result from presenting a fraudulent workers’ compensation claim. Cf. Terry v. Davis Community Church, 131 Cal. App. 4th 1534 (2005) (defamation action filed by church youth group leaders regarding accusations of inappropriate conduct with a group member were properly stricken under anti-SLAPP statute where the accusations related to a public issue and were true, related to a protected opinion or were privileged).

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.