MMM Holdings, Inc. v. Reich, 21 Cal. App. 5th 167 (2018)

MMM sued Marc Reich, an attorney who had represented a former employee of MMM/MSO of Puerto Rico (Jose Valdez) in a whistleblower qui tam action against the company, for conversion, civil theft, etc., after Reich refused to turn over 26,000 electronically stored documents that Valdez took with him when his employment was terminated. In response to the complaint, Reich filed an anti-SLAPP motion to dismiss, arguing that the claims he had filed against MMM involved Reich’s petitioning activity protected by the statute and that MMM could not show a probability that it would prevail in the action against Reich. The trial court granted Reich’s anti-SLAPP motion, and the Court of Appeal affirmed, holding that Reich was involved in petitioning activity on behalf of his client and the litigation privilege made it improbable that MMM would prevail in its action against Reich.