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Anti-SLAPP

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The trial court correctly denied defendant's Anti-SLAPP motion in this qui tam insurance fraud action against a doctor for preparing fraudulent patient medical reports and billing statements in support of insurance claims.  The billing statements and medical reports were prepared in the ordinary course of the doctor's business and not in serious contemplation of lawsuits, so they were not protected… Read More

Though the filming and exhibition of a public television reality show regarding persons aspiring to be models was entitled to protection under the Anti-SLAPP statute (CCP 425.16(e)), the plaintiff, a real, well-known model, presented enough evidence to show a probability of success on her claims for invasion of privacy, intentional and negligent infliction of emotional distress and misappropriation of her… Read More

This decision states that an arbitrator may not consider an Anti-SLAPP motion to strike, but it finds that the arbitrator's error in granting such a motion was harmless.  At the second stage of the Anti-SLAPP analysis, the arbitrator had to consider the merits of the defendant's cross-complaint.  The arbitrator found that the litigation privilege (Civ. Code 47(b)) barred the cross-complaint. … Read More

Hockey is a model whose authorized agent contracted for her to perform a 10-hour day's modeling for Brighton for $3,000 payable on receipt of the agent's invoice.  After modeling as agreed, Hockey sued Brighton, claiming it was her employer and that it violated Lab. Code 201 by not paying her the full amount due at the time her employment ended… Read More

This decision affirms an order denying an Anti-SLAPP motion in this malicious prosecution case as to the plaintiff in the underlying case, but reverses as to that party's attorneys.  The prior action, a CEQA challenge to a project to build a school on property adjoining the underlying plaintiff's horse ranch, lacked probable cause insofar as it alleged noise from the… Read More

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

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