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Paterno v. Superior Court of Orange County

78 CAL.RPTR.3D 244, 163 CAL.APP.4TH 1342, 2008 DAILY JOURNAL D.A.R. 8833, 36 MEDIA L. REP. 1882, 08 CAL. DAILY OP. SERV. 7416, 2008.CA.0005290

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Here we consider whether a plaintiff in a defamation action subject to the constitutional malice standard established the requisite "good cause" (Code Civ. Proc., 425.16, subd. (g)) to conduct discovery, thereby delaying resolution of the defendants pending anti-SLAPP motion. We conclude that where, as here, the plaintiff fails to demonstrate the allegedly defamatory statements are provably false factual assertions - which the plaintiff must do to establish the necessary probability of prevailing on its defamation claim - no good cause exists to conduct discovery concerning actual malice. We therefore grant the writ petition, and direct the trial court to vacate its discovery order and enter a new order denying plaintiffs discovery motion.

Paterno v. Superior Court of Orange County
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  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: Jun 13, 2008
  • Publisher: LawApp Publishers
  • Seller: Innodata Book Distribution Services Inc
  • Print Length: 21 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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