Mallard v. Progressive Choice Ins. Co

In Mallard v. Progressive Choice Ins. Co. (2010) 188 Cal.App.4th 531, the Court affirmed the trial court's order granting Morrell's anti-SLAPP (strategic lawsuit against public participation) (Code Civ. Proc., 425.16) motion to strike Mallard's invasion of privacy and abuse of process claims alleged against Morrell in a separate action. Mallard's claims were based on Morrell's conduct of subpoenaing Mallard's mental health records from third party health care providers for the purpose of preparing Progressive's defense against Mallard's uninsured motorist claim. (Mallard v. Progressive Ins. Co., supra, at p. 535.) The Court affirmed the dismissal of the complaint against Morrell, but reversed the order dismissing the complaint against Progressive because Progressive had not been served in the action, had not appeared before the trial court, and did not make an anti-SLAPP motion on its own behalf. (Ibid.) The Court also affirmed the trial court's order granting Morrell's motion for attorney fees under Code of Civil Procedure section 425.16, subdivision (c). (Mallard v. Progressive Ins. Co., supra, at p. 535.)