California Court of Appeal

In a defamation action, arising from a campaign advertisement aired during a race for the California Assembly, the trial court's sustaining of the demurrer and grant of a special motion to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16, is affirmed where: 1) the advertisement was protected activity that did not fit under an exception for conceded illegal conduct from Flatley v. Mauro, 39 Cal.4th 299 (2006); and 2) the ad was not so far from the truth as to permit an inference of actual malice required by the statute.

Appellate Information

• Published 2016/06/01

Judges

• RENNER

Court

• California Court of Appeal

Counsel