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Sourdough & Co., Inc. v. GSD Foods, Inc.
Date: 06-07-2022
Case Number: C092935
Judge: Hoch
Court: California Court of Appeals, Third District, Sacramento County
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Sacramento, California civil litigation lawyers represented Plaintiff, which sued Defendant on a trademark infringement theory.
This case arises out of a business dispute between several parties to licensing agreements to operate sandwich restaurants under the trademark "Sourdough & Co." We are presented with the question of whether a cause of action for fraud and deceit, raised in a cross-complaint, is subject to an anti-SLAPP motion under Code of Civil Procedure
section 425.16.[1] The trial court denied the anti-SLAPP motion filed by GSD Foods, Inc., Davinder Singh, Powerglide Holdings, LLC, Kaldeep Uppal, and SD-Folsom, Inc. (collectively GSD) to strike the cause of action for fraud and deceit in a cross-complaint filed by Sourdough & Co, Inc., SFSE of EDH, Inc., Lowell Steven Presson, R. Gordon Ross, and David Bagley (collectively Sourdough). The trial court reasoned that the claim for fraud and deceit related to statements inducing Sourdough to enter the agreements rather than to any protected activity related to the right of access to the courts.
On appeal, GSD contends (1) the cause of action for fraud and deceit relates to protected activity because the claim focuses on GSD's litigation position, (2) Sourdough did not show a probability of prevailing on its fraud and deceit claim, and (3) GSD should be awarded its attorney fees because it should have prevailed on the anti-SLAPP motion.
We conclude that the trial court properly denied the anti-SLAPP motion. The cause of action for fraud and deceit relates to the making of agreements between the parties rather than to the subsequent litigation. Having concluded that GSD did not meet its burden to show that the claim arose out of protected activity, we do not need to consider the second prong of the anti-SLAPP analysis - namely whether Sourdough demonstrated a probability of prevailing on its claim. We also do not need to consider GSD's claim that it should have received attorney fees based on its contention that it should have prevailed on the anti-SLAPP motion.
This case arises out of a business dispute between several parties to licensing agreements to operate sandwich restaurants under the trademark "Sourdough & Co." We are presented with the question of whether a cause of action for fraud and deceit, raised in a cross-complaint, is subject to an anti-SLAPP motion under Code of Civil Procedure
section 425.16.[1] The trial court denied the anti-SLAPP motion filed by GSD Foods, Inc., Davinder Singh, Powerglide Holdings, LLC, Kaldeep Uppal, and SD-Folsom, Inc. (collectively GSD) to strike the cause of action for fraud and deceit in a cross-complaint filed by Sourdough & Co, Inc., SFSE of EDH, Inc., Lowell Steven Presson, R. Gordon Ross, and David Bagley (collectively Sourdough). The trial court reasoned that the claim for fraud and deceit related to statements inducing Sourdough to enter the agreements rather than to any protected activity related to the right of access to the courts.
On appeal, GSD contends (1) the cause of action for fraud and deceit relates to protected activity because the claim focuses on GSD's litigation position, (2) Sourdough did not show a probability of prevailing on its fraud and deceit claim, and (3) GSD should be awarded its attorney fees because it should have prevailed on the anti-SLAPP motion.
We conclude that the trial court properly denied the anti-SLAPP motion. The cause of action for fraud and deceit relates to the making of agreements between the parties rather than to the subsequent litigation. Having concluded that GSD did not meet its burden to show that the claim arose out of protected activity, we do not need to consider the second prong of the anti-SLAPP analysis - namely whether Sourdough demonstrated a probability of prevailing on its claim. We also do not need to consider GSD's claim that it should have received attorney fees based on its contention that it should have prevailed on the anti-SLAPP motion.
Outcome:
Accordingly, we affirm.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Sourdough & Co., Inc. v. GSD Foods, Inc.?
The outcome was: Accordingly, we affirm.
Which court heard Sourdough & Co., Inc. v. GSD Foods, Inc.?
This case was heard in California Court of Appeals, Third District, Sacramento County, CA. The presiding judge was Hoch.
Who were the attorneys in Sourdough & Co., Inc. v. GSD Foods, Inc.?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Sacramento Criminal Defense Lawyer Directory.
When was Sourdough & Co., Inc. v. GSD Foods, Inc. decided?
This case was decided on June 7, 2022.