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California Court of Appeal

Benton v. Benton, 068870

Dismissed. Plaintiff and Defendant were married and shared a dental practice. When they divorced they each opened competing dental practices. Plaintiff filed suit alleging misappropriated trade secrets, economic damage, and unfair competition. Defendant brought an anti-SLAPP motion on the grounds that advertising and notices to patients were protected activities. The trial court found that anti-SLAPP motion fell into the commercial speech exemption under CCP section 425.17. The appeals court agreed stating that the commercial speech exemption was not immediately appealable and therefore the appeals court had no jurisdiction to hear the appeal.

Appellate Information

  • Decided
  • Published 2019/08/27


  • Raphael


  • California Court of Appeal


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