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Anti-SLAPP

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Plaintiffs sued claiming they had been sexually molested while minors by a Roman Catholic priest.  They sought to hold the Archdiocese vicariously liable for ratifying the molestation and directly liable for its own negligence in failing to supervise the priest.  The trial court correctly denied the Archdiocese's Anti-SLAPP motion.  The gravamen of the complaint was the priest's sexual molestation and… Read More

The gist of a teacher's FEHA claim for retaliation for filing a complaint with the DFEH was the defendant's adverse employment action, not the protected activity of the investigation it conducted leading up to that action or its later protected action of defending the adverse employment action before a review commission.  Accordingly, the case did not arise from conduct protected… Read More

After firing Towner, an investigator in the County's District Attorney's office, the County sought a writ of mandate to enjoin the County's Civil Service Commission from reviewing the termination.  In support of its writ petition, the County publicly filed confidential reports of its investigation of Towner's conduct, in violation of Gov. Code 832.7, part of the Police Officer's Bill of… Read More

The trial court erred in denying defendant's Anti-SLAPP motion.  Plaintiff's complaint was based on allegedly false statements made in reports posted by plaintiff on the Internet, accusing a Chinese company of defrauding investors by claiming inflated sales based on purchases by intermediaries like plaintiff who then resold the product.  Public postings on the Internet are a public forum for purposes… Read More

The trial court erred in granting defendants' Anti-SLAPP motion to strike this malicious prosecution case.  The evidence adduced on the motion showed that plaintiff had a probability of success in establishing the elements of the malicious prosecution claim.  The dismissal of the underlying action for lack of prosecution was potentially a favorable termination on the merits.  The original plaintiff was… Read More

This decision reverses an order denying an Anti-SLAPP motion by the author of a Facebook post that was later republished by BBC's Vietnamese Service about plaintiff, a self-made and proclaimed billionaire who co-founded a large Vietnamese company and dated a prominent Vietnamese model, thereby making himself a public figure in the Vietnamese community.  The defendant showed that his article was… Read More

Allegedly defamatory emails that Simplified sent Trinity and a co-defendant seeking documents and other information for its later-filed lawsuit were protected activity for purposes of the Anti-SLAPP statute (CCP 425.16(e)).  The emails were also protected by the absolute litigation privilege, so Trinity could not prove a probability of success on the merits.  The trial court properly granted Simplified's Anti-SLAPP motion… Read More

During a political campaign, one candidate's election manager wrote a letter to the editor, posted to websites and sent emails accusing plaintiff of having used his charitable foundation to make contributions to city council members in return for their voting to have plaintiff's company named as the contractor for a large construction project.  This decision holds that the trial court… Read More

In reaction to San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, the Legisalture amended CCP 128.5 to require in subdivision (f) that the court first find a motion, complaint or other filing to be frvolous under subdivision (a) and then not award sanctions until after a 21-day safe harbor as under CCP 128.7.  This… Read More

The trial court abused its discretion in refusing to consider defendant's reply declarations on its Anti-SLAPP motion.  The reply declarations addressed an issue that had been raised in the original moving papers--good faith in recording tje mechanics liens in issue, but addressed a particular unanticipated argument that the plaintiff raised in opposition to the motion--that litigation could not have been… Read More

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