Friday, September 18, 2015

Cut and Dry

Barker v. Fox & Assocs., No. A142373 (D1d2 Sept. 10, 2015)

Trial court denied an anti-SLAPP motion in a defamation case. Nobody really disputes that the claims—addressing statements made in connection with conservatorship proceedings—arise from protected activity. But plaintiff failed to come forward with both evidence that established the prima facie the elements of his claim, as well as evidence of malice sufficient to overcome the qualified “common interest” privilege under Civil Code § 47(c). So the motion should have been granted.

Reversed.

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