Author Defeats Allegations of Defamation, Invasion of Privacy & Commercial Misappropriation

October 1, 2003

Michael B. Lawler, Gina E. Och, and Michael J. Nunez successfully defended a defamation, invasion of privacy and commercial misappropriation case where the plaintiff, a public figure, alleged that defendant had defamed her when he made reference to her in a chapter of a book about stalking.

The defense filed an anti-SLAPP Motion to Strike pursuant to Code of Civil Procedure section 425.16, which allows the dismissal of a complaint intended to chill free speech or a party's right to petition the court. Typically, the speech or petition right at issue concerns a matter of public interest or concern. In this case, the speech at issue concerned stalking, law enforcement techniques and the criminal justice system.

The court granted the defense's anti-SLAPP Motion to Strike finding: (1) defendant met his burden of demonstrating that plaintiff's complaint fell within the ambit of Code of Civil Procedure section 425.16; and (2) the plaintiff failed to demonstrate a probability of prevailing on her claims against defendant because she is a public figure and she failed to show actual malice by clear and convincing evidence. Moreover, the court found that some statements made in the book were privileged, certain statements were statements of truthful facts and other statements were statements of opinion. The court granted dismissed plaintiff's lawsuit against the defendant.