California Court of Appeal

In a suit against the Veterinary Medical Board and its individual members, executive officers, enforcement coordinator, attorneys, investigator, and consultants alleging various tort theories of liability arising from a disciplinary proceeding against the plaintiff, the trial court's grant of the defendants' special motion to strike the complaint under the anti-SLAPP statute is affirmed, because the plaintiff did not carry his burden to provide evidence of the likelihood he would prevail on the merits of his complaint, where: 1) the only evidence the plaintiff presented in opposition to the motion was the minute order granting his petition for writ of mandate directing the Board to vacate a fine and temporary suspension of his license; and 2) in taking judicial notice of the fact that the minute order was issued, the trial court properly declined to accept as true the facts and determinations contained in it.

Appellate Information

• Decided 03/08/2012
• Published 03/08/2012

Judges

• Aldrich

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Barry K. Rothman, Joel A. Davis