Drell v. Cohen

In Drell v. Cohen (2014) 232 Cal.App.4th 24, the Court explained that a lawyer's demand letter asserting a lien for attorney's fees "may be protected activity within the meaning of the anti-SLAPP statute, but a complaint is not a SLAPP suit unless the gravamen of the complaint is that defendants acted wrongfully by engaging in the protected activity." (Id. at p. 30.) The Court then went on to explain that the complaint in Drell did not allege that the defendant lawyers had engaged in wrongdoing by asserting their lien. "Rather, the complaint asked the court to declare the parties' respective rights to attorney fees." (Ibid.) In other words, the defendant was attempting to use the anti-SLAPP statute to strike a plaintiff's cause of action for declaratory relief. As we further noted: "The complaint necessarily refers to defendants' lien, since their demand letter is key evidence of plaintiff's need to obtain a declaration of rights, but the complaint does not seek to prevent defendants from exercising their right to assert their lien." (Ibid.)