Jespersen V. Zubiate-Beauchamp

Appellants, attorneys sued for litigation related malpractice, filed a special motion to strike pursuant to Code of Civil Procedure section 425.16. The trial court denied the motion concluding that the malpractice action does not qualify for treatment under section 425.16, the so-called anti-SLAPP statute. *fn1 We conclude the trial court did not err. The alleged malpractice did not arise out of the attorneys' First Amendment right to petition. Rather the malpractice alleged is appellants' negligent failure to protect their clients rights in the underlying action.