California Court of Appeal

In a manufacturer's action for defamation, trade libel, false advertising, and unfair business practices, arising after defendant-attorney published a newspaper ad stating that users of certain brand name galvanized screws under specified circumstances "may" have legal rights to compensation or other relief, grant of a motion to strike the complaint is affirmed where: 1) the suit was a strategic lawsuit against public participation (SLAPP) which is subject to summary disposition under the anti-SLAPP law; 2) the suit was not exempt from that law as a statement "about" the attorney's services, or one made in the course of delivering those services; and 3) the manufacturer did not establish the requisite likelihood of prevailing on the merits to avoid a dismissal of its action.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Arthur J. Shartsis,Erick C. Howard, San Francisco, Eisenberg and Hancock, Jon B. Eisenberg, Oakland, William N. Hancock, San Francisco, for Plaintiff and Appellant, Shartsis Friese Simpson Strong-Tie Company, Inc., Arkin & Glovsky, Sharon Arkin, Pasadena, for Amicus Curiae Consumer Attorneys for California., Levy, Ram & Olson, Karl Olson, San Francisco, for Amicus Curiae Senator Sheila Kuehl et al.


• For Appellees:
  
• Davis Wright Tremaine, Thomas R. Burke, Rochelle L. Wilcox, Los Angeles, for Defendants and Respondents, Pierce Gore et al.