California Court of Appeal

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Nguyen-Lam v. Cao, G039206

In a defamation action, trial court's authorization for plaintiff to amend her complaint to plead actual malice based on evidence submitted for defendant's strike motion under the anti-SLAPP statute is affirmed where: 1) plaintiff demonstrated defendant's accusations constituted clear and convincing evidence that he harbored actual malice; 2) the amendment is justified as false statements uttered with actual malice serve no public interest, and thus, defendant's complaint falls outside the purpose of the anti-SLAPP statute.

Appellate Information

  • Decided 02/27/2009
  • Published 02/27/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • John L. Dodd & Associates and John L. Dodd, Tustin;  Bucher & Palmer and Mark W. Bucher, Tustin, for Defendant and Appellant., Donna Bader, Laguna Beach;  Lents & Foley and Katrina Anne Foley, Newport Beach, for Plaintiff and Respondent.
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