Sonoma Media Investments, LLC v. Superior Court

Gallaher is a Santa Rosa real estate developer. During the 2016 Santa Rosa City Council election, The Press Democrat published five articles about substantial independent election expenditures made by Gallaher’s son-in-law, Flater, on behalf of three candidates. Gallaher and Flater allege the articles falsely implied that Gallaher was the source of the funds and sued for defamation, libel per se, and false light invasion of privacy. Defendants moved to strike the complaint under the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, Code of Civil Procedure section 425.16. The trial court granted the motion in part, denied it in part, and permitted plaintiffs to conduct discovery on the issue of malice. The court of appeal concluded the motion should have been granted in full because plaintiffs failed to make a prima facie showing the allegedly defamatory statements were false. The articles reporting on Flater’s enormous independent expenditures, explaining Flater’s connection to Gallaher, and raising questions about the source of the funds were clearly in connection with an issue of public interest. It was incumbent on plaintiffs to unambiguously deny Gallaher’s funding of the independent expenditures to make a prima facie showing of falsity. View "Sonoma Media Investments, LLC v. Superior Court" on Justia Law