Case Summary

P1520 REVIEW DENIED An action for defamation and intentional infliction of emotional distress arising from statements made during the course of an investigation into allegedly corrupt behavior by a public official is subject to the SLAPP statute, requiring a plaintiff opposing a special motion to strike to show the ability to make out a prima facie case; since plaintiff failed to challenge the administrative decision that resulted, which was on the merits and final by the time plaintiff purportedly withdrew his administrative appeal, plaintiff could attack it only by seeking a judicial writ of administrative mandate to set it aside; plaintiff having failed to do so, principles of issue preclusion (i.e., collateral estoppel) prevent plaintiff from arguing the termination was wrongful, or litigating claims that arose from it.

MILLER v CITY OF LA (Judicial Remedies)169 CA4 1373 [See: GovC 12900 etseq; CCP 1094.6, 425.16; Johnson v City of Loma Linda 24 C4 61, T/AT 9/00; Schifando v City of LA 31 C4 1074, T/AT 1/04; Page v LA County123 CA4 1135, T/AT 12/04]