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
Colorado Supreme Court
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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.
- Category: Law
- Published: Jun 13, 2008
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 21 Pages
- Language: English