Armando Lorenzo v. Sandoval & James, PLLC; Esteban Sandoval; Yudovich Yarrito; Afif Antonio Hid Velasco a/k/a Afif Hid; and Hideal Group, LLC

Summary

The Texas Court of Appeals, Third District, affirmed the denial of Armando Lorenzo’s motion to dismiss under the Texas Citizens Participation Act. Applying the Texas Supreme Court’s decision in Ferchichi v. Whataburger Restaurants, the court held that a filing seeking sanctions, regardless of whether titled a motion, claim, or counterclaim, is not a TCPA “legal action” because it does not assert a substantive legal claim for relief. The court therefore affirmed the trial court’s order.

Holdings

1. A motion or request for sanctions that is ancillary to the substantive claims in an existing suit and cannot stand on its own is not a 'legal action' subject to dismissal under the TCPA.
2. Lorenzo was not entitled to TCPA dismissal because Velasco's sanctions request was not a legal action within the TCPA.

Questions Presented

1. Whether Velasco's request for sanctions and fees, despite being styled in part as a counterclaim, constituted a TCPA 'legal action' subject to dismissal.
2. Whether the trial court properly denied Lorenzo's TCPA motion to dismiss.

Disposition

affirmed