CHURCH OF SCIENTOLOGY OF CALIFORNIA, Plaintiff and Appellant, v. LAWRENCE WOLLERSHEIM, Defendant and Respondent., 42 Cal. App. 4th 628

Summary

Petitioner church filed a petition to set aside the judgment that respondent church member had been awarded against it in a prior suit. Petitioner alleged that the judge in the former suit was biased against it. The lower court granted respondent's motion to strike the complaint and dismissed the suit pursuant to Cal. Civ. Proc. Code § 425.16. The court affirmed the order of the lower court, holding that petitioner's suit was a strategic lawsuit against public participation under § 425.16, in that the suit sought to harass respondent for his having asserted his rights against petitioner in the prior suit. The court further held that petitioner had failed to meet its burden of proving that it could have prevailed in the suit against respondent because there was no admissible evidence alleged in petitioner's complaint to substantiate its claims of judicial bias in the prior suit. The court also affirmed the lower court's award of attorney fees to respondent and awarded respondent ...