Porada v. Lavelle

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2018 IL App (1st) 171818
Decision Date: 
Friday, November 9, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
CUNNINGHAM

Court properly dismissed Plaintiff's complaint pursuant to Section 2-615 of Code of Civil Procedure, but erred to the extent the dismissal was premised on Section 2-619 of the Code as a SLAPPĀ (Strategic Lawsuit Against Public Participation) lawsuit. Complaint is insufficient to state a cause of action, as allegations lack specificity or clarity as to statements and conduct of Defendants, and lack clarification of injuries suffered or calculation of damages. Parties are not entitled to award of attorney fees for Section 2-615 dismissal, and thus attorney fees award based on SLAPP is vacated. (HARRIS, concurring; DELORT, specially concurring.)