Is the Condition of a 1993 Mercury Tracer Really a Matter of Public Interest?

Klem v. Access Ins. Co., No. D070623 (D4d1 Nov. 20, 2017)

When Plaintiff got into an accident, the other driver’s Insurance Company gave notice to the DMV that Plaintiff’s car—a wrecked ’93 Mercury Tracer with 92k miles on it—was now a “salvage title” vehicle. That puts some kind of notification on the title that the vehicle has been totaled, which likely makes it hard to re-sell, even if repairs are made. Plaintiff was unhappy about this reporting, because he wanted to fix the car. Which ultimately led to Plaintiff suing the Insurer for slander of title and violations of the Unfair Competition Law. Defendants filed an anti-SLAPP motion, which the superior court denied, and the Insurer appealed.