California Court of Appeal

In suit for defamation, based on statements made by university officials to reporters and to parents, after plantiff was terminated as head football coach, granting of anti-SLAPP motions to strike the defamation claims is affirmed over claims that: 1) the anti-SLAPP law was inapplicable as the statements at issue did not qualify as protected conduct under the anti-SLAPP law; 2) insofar as the defamation claim was rooted in the statements to the parents, plaintiff demonstrated a probability of success on the merits; and 3) insofar as the defamation claim was rooted in the statements in the newspaper article, the trial court's application of the Shield Law was error and had the effect of precluding him from discovering evidence necessary to satisfy his burden to show a likelihood of success on the merits of his claim.

Appellate Information

• Decided 07/17/2007
• Published 08/15/2007

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Robert N. Hocker and Robert N. Hocker, San Diego, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Luce, Forward, Hamilton & Scripps, Phillip L. Kossy and Richard R. Spirra, San Diego, CA, for Defendants and Respondents., Sheppard, Mullin, Richter & Hampton and Guylyn R. Cummins, San Diego, CA, for the Copley Press, Ed Graney and Mark Zeigler as Amicus Curiae on behalf of Defendants and Respondents.