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Torts
Abuse of Process
SLAPP

Philip Markowitz v. Jerry Klein, Daniel Herbert and Freeman, Freeman & Smiley

Published: Sep. 3, 2005 | Result Date: Apr. 26, 2005 | Filing Date: Jan. 1, 1900 |

Case number: BC304526 Verdict –  $0

Judge

Dan Thomas Oki


Attorneys

Plaintiff

Jeffrey A. Cohen
(Law Office of Jeffrey A Cohen)

Steven Sandler


Defendant

Daniel B. Herbert

Anthony J. Parascandola
(Bowman & Brooke LLP)


Facts

The plaintiff and appellant, Philip Markowitz, was briefly a party to the related litigation Jerry Klein v. Rose
Markowitz et al. (Los Angeles Superior Court Case No. BC2708785). He was named by Doe amendment
therein for a period of 15 days. He was never served because he could not be found and never appeared in the
action.
After dismissal of the related action, the plaintiff sued Jerry Klein; Jerry Klein's attorney, Daniel B. Herbert; and
the law firm, Freeman, Freeman & Smiley, for abuse of process and intentional infliction of emotional distress.

Damages

The plaintiff claimed damages of $1.2 million.

Result

The trial court dismissed the case as a SLAPP suit on Jan. 13, 2004. The Court of Appeal affirmed the decision by opinion on April 26, 2005.


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