California Court of Appeal

In this case, plaintiff-physician filed an action against defendants alleging retaliation, harassment, racial discrimination, failure to prevent discrimination, and wrongful termination under the California Fair Employment and Housing Act (FEHA). Plaintiff also brought claims against defendants for intentional infliction of emotional distress (IIED), defamation, and violations of the Unfair Competition Law and the Cartwright Act. Defendants each filed an anti-SLAPP special motion to strike (Code of Civil Procedure section 425.16) plaintiff's complaint. The trial court granted the motions in full, sustained defendants' demurrers to plaintiff's claims for IIED, defamation, unfair competition and violation of the Cartwright Act, and denied plaintiff's request for leave to amend. The trial court's judgment is reversed in part and remanded, where: 1) the trial court erred in granting defendants' anti-SLAPP motions as to plaintiff's claims for harassment and IIED, as these claims do not arise from protected activity under section 425.16; 2) the attorney fee award must be re-determined on remand; and 3) on remand, the court must determine whether plaintiff should be afforded leave to amend her claim for defamation.

Appellate Information

• Decided 03/11/2015
• Published 03/11/2015

Judges

• Aaron

Court

• California Court of Appeal

Counsel