California Court of Appeal

The trial court's grant of defendant's special motion to strike plaintiff's complaint alleging that defendant breached its user agreement with plaintiff by failing to remove comments made on their website concerning plaintiff, is affirmed, where: 1) defendants have established that the gravamen of the complaint was based on protected activity; 2) plaintiff has not sufficiently demonstrated a probability of prevailing on the merits; 3) the Communications Decency Act completely bars this type of lawsuit against an Internet publisher; and 4) defendant complied with all service requirements.

Appellate Information

• Decided 11/07/2013
• Published 11/07/2013

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel