Subpoenas are not subject to a motion to strike under Code of Civil Procedure section 425.16, et seq., because they do not constitute a "cause of action." Tendler v. www.jewishsurvivors.blogspot.com, June 10, 2008 164 Cal.App.4th 802. This decision will undoubtedly lead to an increase in requests for subpoenas to ISPs and assist plaintiffs in obtaining the identities of … [Read more...] about Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com
Archives for 2008
“Defamation of Religion,” is Code for “Big-Brother”
The primary focus of this blog is defamation in California. But my jaw dropped when I read that the U.N. now employs an official who is charged with reporting instances "where the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination. As written on Wsj.com, a cause of action for Defamation protects individuals and not ideas. … [Read more...] about “Defamation of Religion,” is Code for “Big-Brother”
AutoAdmit Saga Continues: Anonymous Posters Beware!
If you like drama you will LOVE the AutoAdmit case. (for the full story read here.) Yale students are suing at least 39 defendants for defamation. Many of the alleged defamatory remarks were made by anonymous posters. But the fascinating part is that plaintiff's counsel has been able to uncover some of the names of these so-called anonymous defendants. What this shows is … [Read more...] about AutoAdmit Saga Continues: Anonymous Posters Beware!
Recent “anti-SLAPP” discovery decision: Paterno v. Superior Court
Here is an interesting case. In Paterno v. Superior Court (2008) Cal.App.4th 1432 (June 13, 2008) the Court of Appeal (Fourth Appellate District, Division 3) issued a peremptory writ directing the trial court to vacate the order allowing Plaintiff to conduct limited discovery on the issue of malice and to issue a new and different order denying the motion. Among other things, … [Read more...] about Recent “anti-SLAPP” discovery decision: Paterno v. Superior Court
Defamation Basics: PART I
Defamation seems like a simple concept. Someone says or writes something damaging about someone's else's reputation, right? Wrong. The legal requirements for defamation are far more stringent than you might expect. I find that most people equate defamation with office gossip. It's true. (refer to said simple definition above). So lets clear it up. The first thing you … [Read more...] about Defamation Basics: PART I