Facts and Procedural History Defendant and respondent Richard A. Beshwate represented a defendant, Timothy Young, in a multiple-murder case in Tulare County. Kemps is the owner of Sierra Valley Medico, Inc. , apparently a company providing medical examinations in workers' compensation cases. Respondents contend, in essence, that they thought Kemps was the office manager for Dr. Heller, that various of them spoke to Kemps prior to the trial, and that Weber served her with a trial subpoena. The parties agree, however, that when Kemps failed to appear to testify, Beshwate applied for and obtained a warrant for her arrest. Kemps opposed the motion, contending that respondents' conduct was not protected activity because it was unlawful as a matter of law.

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