Case Summary

4996 REVIEW DENIED. Defendant was plaintiff's expert witness in an underlying wrongful death suit. Plaintiff sued defendant for negligence and conspiracy to commit fraud arising out of defendant's deposition testimony in the underlying suit. The trial court properly denied defendant's anti-SLAPP motion because Code of Civil Procedure § 425.16 cannot shield an expert witness from liability for statements made on behalf of the person allegedly harmed by the statements.

ROBLES v CHALILPAYIL (Expert Witness SLAPP) 181 CA4 566 REV DENIED [See CCP § 425.16; Civ Code § 47; Peregrine Funding v Sheppard Mullin 133 CA4 658, P/AT 11/2005; Hylton v Rogozienski, Inc 177 CA4 1264]