California Court of Appeal

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Gilbert v. Sykes, C050766

Denial of a SLAPP motion is reversed in a malpractice suit against a prominent plastic surgeon, who cross-complained of defamation when plaintiff set up a website relating her experiences before and after surgery, where the physician: 1) was a limited purpose public figure; and 2) failed to meet the burden of making a prima facie showing that the statements on the website were both false and published with actual malice.

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • DLA Piper Rudnick Gray Cary US, Kathryn E. Karcher, Megan Whyman Olesek, Jerold L. Hersh, East Palo Alto, and Gregory J. Lundell;  Sheppard Mullin Richter & Hampton, Guylyn R. Cummins and James M. Chadwick, San Francisco;  Nolen, Saul & Brelsford, Nolen & Associates and Rudy Nolen, for Plaintiff, Cross-defendant and Appellant., Wilke, Fleury, Hoffelt, Gould & Birney, Philip R. Birney, Danielle M. Guard and Daniel L. Baxter, Sacramento, for Defendant, Cross-complainant and Respondent.
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