California Court of Appeal
Doe 2 v. Superior Court (Avongard Products), 269087
In a suit brought by a film industry visual special effects (vfx) provider for libel, alleging defendant's anonymous emails to a film producer and a film industry executive harmed its reputation, the trial court grant of plaintiff's request to conduct special discovery that would reveal defendant's identity is vacated where: 1) under Krinsky v. Doe 6 (2008) 159 Cal.App.4th 1154, First Amendment protection for anonymous speech requires a libel plaintiff seeking to discover an anonymous libel defendant's identity to make a prima facie showing of all elements of defamation; and 2) plaintiff failed to make a prima facie showing that defendant's emails are provably false and defamatory statements of fact or that the emails caused plaintiff to suffer actual damage.
Appellate Information
- Published 2016/08/02
Judges
- HOGUE
Court
- California Court of Appeal