Defamation

Plaintiff sued for defamation, alleging that defendants falsely told several reporters that plaintiff had provided explicit nude photographs of Bezos to the National Enquirer as part of a conspiracy to damage Bezos.  On defendants' Anti-SLAPP motion, plaintiff's only evidence was his declaration stating that several news reporters had told him that Bezos told them plaintiff had given the photos to… Read More

The trial court erred in granting defendant's Anti-SLAPP motion to strike this defamation action.  Defendant was a competitor of plaintiff in selling life insurance and wealth management services to Chinese and Chinese-American clients.  Plaintiff alleged that defendant had falsely told insurance agents and one client that plaintiff was dishonest and unethical in her business practices and falsified insurance documents.  Before… Read More

In this defamation case by a real estate developer against a political consultant, the trial court correctly denied the consultant's Anti-SLAPP motion.  While the allegedly defamatory political campaign mailers that the consultant prepared were protected activity, the developer proved a probability of success on his defamation claim.  The mailers stated that the developer "wants his money back" directly under factual… Read More

The district court erred in dismissing the plaintiff police officers' defamation complaint against a city council member for her telling a crowd that that a fatal shooting by the police constituted “a blatant murder at the hands of the police,” and calling for the Seattle Police Department to be held accountable “for their . . . individual actions.”  It was… Read More

Plaintiff introduced sufficient evidence to establish a probability of success on his defamation and false light invasion of privacy claims to overcome defendant's Anti-SLAPP motion.  Plaintiff is a world record holder in a number of computer arcade games.  Defendant facilitates video game competitions and runs a website with leaderboards showing top scorers on the games.  After receiving a complaint from… Read More

Plaintiff runs two bakery stores in Los Angeles.  It baked a birthday cake for defendant's child.  Defendant, who is a celebrity, objected to some of the icing on the cake, saying it looked like pills.  He published scathing reviews of plaintiff's bakeries on the Internet, leading to plaintiff's losing customers and business profits.  Plaintiff sued for defamation.  This decision holds… Read More

This decision affirms a district court order dismissing a defamation suit under Cal. Code Civ. Proc. 425.16.  Maddow was a TV personality and host of a program espousing liberal political views.  In one program she expressed glee over a report by another news organization that one of Herring's ultra-conservative commentators was being paid by the Kremlin for propaganda.  The speech… Read More

The litigation privilege (Civ. Code 47(b)) protects contractors that record mechanics liens from slander of title actions.  That is true even if the mechanics lien ultimately is shown to have been improperly recorded--as plaintiff here claimed it was because it was the fourth lien recorded after plaintiff had already posted a release bond.  Also, plaintiff failed to prove that defendant… Read More

One dentist brought a defamation action against his former partner, another dentist, for statements the defendant made to various other persons impugning the quality of the plaintiff's dentistry work.  The defendant filed an Anti-SLAPP motion which was granted, and plaintiff appealed.  Held:  Statements about the competency of a professional, like a dentist, concern a matter of public importance and so… Read More

In some respects, the trial court's specification of reasons for granting a new trial, subject to a remittitur, for excessive damages was adequate.  For example, the trial court found that the jury had awarded duplicative damages for two different causes of action.  However, the appellate court held the reason was not supported by the record which showed there was substantial… Read More