Judge: Glenn R. Salter, Case: 22-1252324, Date: 2022-09-01 Tentative Ruling

The Court Notes This Case is Related to No. 3

Motion to Strike (anti-SLAPP)

The motion of the defendant to strike the complaint pursuant to Code of Civil Procedure section 425.16 is DENIED.

The plaintiff filed an action against the defendant for libel, defamation, and similar causes of action.  She alleged, for example, that the defendant obtained the plaintiff’s personal information, set up a WeChat group that included plaintiff’s friends, entitled it “The Most Shameless Mistress in History,” and claimed the plaintiff was having an affair with her husband.

The defendant’s argument is that her actions were litigation-oriented and thus protected activity.  Merely because the parties are involved in a separate action involving a business dispute does not insulate her from any lawsuit brought against her by the plaintiff.  Protected activity includes acts that are related and connected to the litigation.  Engaging in alleged libel, defamation, and exposing private matters of the plaintiff is not connected or related to the other litigation, which is purely a business dispute, and is therefore not protected.

The defendant fails to meet the first prong for an anti-SLAPP motion, to show this is protected activity.  Having failed to meet her initial burden the motion must be denied.

Whether the litigation privilege applies here falls under prong two analysis.  Because the court finds the defendant did not meet her burden under the first prong analysis, it is not required to analyze the merits of the causes of action under the second prong.

Case Management Conference

The court sets a 4-day jury trial for June 12, 2023, at 9 am in this department.

All parties are ORDERED to comply with Local Rule 317 of the Orange County Rules of Court.  Any party who has not posted jury fees shall post fees within 30 days or be deemed to have waived a jury.

Notice

The plaintiff shall give notice.