P1238 Causes of action asserted by one business competitor against another for malicious prosecution and abuse of process in instituting a previous action arose from an exercise of the constitutional right of petition and were subject to the SLAPP statute; causes of action arising from statements made in an email sent by defendant to customers summarizing and criticizing the plaintiff's tactics in bringing that litigation arose from an exercise of the constitutional rights of petition and free speech on a matter before a judicial body and were also subject to the SLAPP statute; none of the causes of action arose from statements made by defendant about a business competitor's product or service for the purpose of promoting defendant's business, so they were not exempt from the SLAPP statute under the amendment contained in Code of Civil Procedure section 425.17.CitationCONTEMPORARY SERVICES v STAFF PRO (Critical Email) 152 CA4 1043 [See: CCP 425.16, 425.17; Sunset v LHO 146 CA4 300, P/AT 5/07; Healy v Tuscany Hills 137 CA4 1, T/AT 3/06]
|
|