This action is for malicious prosecution. The plaintiff, a City Council member, was criminally prosecuted and acquitted in federal court. In this action, he sues the owner of a strip club who he alleges falsely testified he bribed plaintiff. At the heart of the matter is a city ordinance, referred to as the “no touch” […]
Yelp Cannot Misrepresent Its Filtering Methods.
Yelp operates a website that serves as a free social media website and search engine, available to the public at no charge. Users who register may post reviews about local businesses, and can rate a business using a star rating of one to five stars, with five stars being the highest rating. Yelp constantly battles […]
Sabre Rattling Does Not A SLAPP Action Make.
After an attorney sent letters threatening litigation over a contract dispute, a plaintiff filed a declaratory relief action. The defendant, the one whose lawyer threatened litigation, filed an anti-SLAPP motion pursuant to California Code of Civil Procedure section 425.16, which the trial court denied. In affirming the denial of defendant’s anti-SLAPP motion, the appellate court […]
Personal Injury Practice Is Quite Complicated Indeed.
A plaintiffs’ law firm filed a personal injury accident in court against a defendant who allegedly caused a vehicle collision. The defendant driver had $100,000 in liability coverage. The injured plaintiff’s employer’s workers’ compensation carrier filed a complaint in intervention, contending the benefits it paid exceeded $100,000, and asserted a right to reimbursement. When the […]
Not A Matter Of Trying To Shoot The Messenger–No Anti-SLAPP Protection.
Plaintiff suffered complete blindness after taking Lamotrigine [Lamictal]. She and her husband brought an action against the doctor who prescribed the drug, the drug’s manufacturer and the drug store where she purchased it. She also sued the company which produced the drug information pamphlet, known as a monograph, which gave a consumer-language summary of information […]
Investment Rating Service’s Anti-SLAPP Motion Denied.
An investment rating service brought an anti-SLAPP motion [Code of Civil Procedure section 425.16] in an action filed by the California Public Employees Retirement System [CalPERS] for its ratings of three structured investment vehicles [SIVs] which later collapsed and caused billions in losses. The trial court denied the motion. The appellate court affirmed, noting that the […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Anti-Slapp Motion Apparently Viewed As A Tactic To Delay Plaintiff’s Case.
Plaintiff is a tenant in a building and alleges significant maintenance and repair issues, including airborne contaminants. According to the complaint, defendants had plaintiff evicted to perform significant repairs, but did no repairs, and would not permit plaintiff to take possession again. So, plaintiff brought an action for breach of warranty of habitability and several […]
Attorney Fees Reversed In Action Brought In Public Interest Which Was Voluntarily Dismissed.
Plaintiff Brought A Class Action In A Debt collection matter, but voluntarily dismissed it after defendant moved for a special motion to strike under the antiSLAPP statute, Code of Civil Procedure section 425.16. After it was dismissed, defendant sought attorney fees under section 425.16. Plaintiff argued defendants would not have prevailed in the motion to strike […]
Hiring Decision Involved Exercise Of Free Speech.
Plaintiff filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to the anti-SLAPP statute [Code of Civil Procedure section 425.16], arguing that its selection of a newscaster qualified as an act in furtherance […]
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