Counsel Concerns

The California Court of Appeals, Second Appellate District, denied a defense motion to dismiss an attorney's lawsuit that alleged breach of a confidential settlement he was involved in negotiating for his client Carrie Prejean, a former Miss California USA. LiMandri v. Wildman, Harrold, Allen & Dixon LLP, B234460. Prejean's title was taken away following public comments she made about same-sex marriage. She sued the pageant's executive directors and others but entered into a confidential settlement through mediation. The next day, however, the confidential terms were disclosed via TMZ, which reported that after the pageant's counsel brought forward a home-made sex video of Prejean, she “nets a big fat zero in her settlement with the folks at Miss California USA, sources tell TMZ.” TMZ also reported that LiMandri was entitled to $100,000 under the settlement deal.

LiMandri later sued in Los Angeles Court, alleging, among other things, breach of confidentiality. The defendants, who included the pageant's co-executive director Shanna Moakler and settlement lawyers, responded with an anti-SLAPP motion under Calif. Code Civ. Proc. '425.16 to strike the suit on the ground that Prejean was of public interest. The superior court dismissed a fraudulent inducement claim LiMandri had included in his complaint but otherwise allowed Limandri's suit to proceed.