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P1549 Filing an ethics complaint with The State Bar primarily for the purpose of gaining an advantage over an attorney litigant in a fee dispute was extortive, taking an action arising from it out of the protection of the SLAPP statute, even though the ethics complaint was probably protected by the Litigation Privilege (Evidence Code section 47); if the SLAPP statute applied, the Litigation Privilege would be relevant in determining whether plaintiff can make out a prima facie case, but since the SLAPP statute did not apply, plaintiff was not required to demonstrate the ability to do so.CitationCOHEN v BROWN (Fee Dispute) 173 CA4 302 [See: CA R of PC 2-200; Flatley v Mauro 39 C4 299, P/AT 9/06; Huskinson v Wolf 32 C4 453, P/AT 3/04]
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