Defamation, Invasion Of Privacy, Unfair Business Practices, Causes Of Action And Service Of §425.16 Anti-SLAPP Motion.

A genetics company publicly admitted that research was mishandled vis-à-vis previously reported results of studies for a diagnostic test for fetal Down Syndrome. Plaintiff alleges he resigned after he was made an offer “that if he resigned as chief financial officer, he would not be associated with the mishandling and would be separated from others involved in the test data mishandling.” The company then issued a press release which stated in part: “The company has terminated the employment of its president and chief executive officer . . . and its senior vice president of research and development . . .The company has obtained the resignation of its chief financial officer, [the plaintiff’s name], and one other officer. While each of these officers and employees has denied wrongdoing, the special committee’s investigation has raised serious concerns, resulting in a loss of confidence by the independent members of the company’s board of directors in the personnel involved.” Plaintiff brought suit for various torts, and the trial court partially granted the company’s motion to strike pursuant to CCP §425.16 [the anti-SLAPP statute.] but left standing the causes of action for defamation, invasion of privacy and unfair business practices. The Court of Appeal affirmed, stating plaintiff met the burden to show the falsity of the statements, and the company did not establish that as a matter of law it had a complete defense. Hawran v. Hixson   (Cal. App. Fourth Dist., Div. 1; September 13, 2012) 209 Cal.App.4th 256.