Libel Per Se; Motion Under CCP § 425.16 Anti-SLAPP Denied.

In an election for the Board of Directors of a homeowner’s association, one candidate wrote about another:  “As you know, Board Members, like any elected representatives, owe allegiance and loyalty to the people who elect them. They may not self-serve or ‘feather their own nest[.]’ [The candidate] was on the Board and . . . cut secret deals to purchase nine parking spaces . . .” The other candidate brought suit for defamation and libel per se. The trial court denied a special motion to strike under CCP § 425.16, and the appellate court affirmed, stating the letter accused the plaintiff of a serious breach of fiduciary duty and “that is libelous per se.”  Silk v. Feldman (Cal. App. Second Dist., Div. 6; August 14, 2012) 208 Cal.App.4th 547.