Wednesday, December 28, 2016

Too Narrow to Be a Public Issue

Dual Diagnosis Treatment Cntr. v. Buschel, No. G053046 (D3d2 Dec. 20, 2016)

The trial court in this case denied an anti-SLAPP motion addressed to libel claims brought against the publisher of a drug treatment community newsletter. The claims were based on the newsletter’s republication of a story from the OC Register that reported that a drug treatment facility was not properly licensed in California. The Court of Appeal affirms, holding that the licensure status of an individual treatment facility, without more, is not a public issue sufficient for the claims to arise from protected activity under Code of Civil Procedure § 425.16(e)(3). That provision protects written statements in a public forum, but only to the extent that they relate to a public issue.


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