Sony, the Estate of Michael J. Jackson, and MJJ Productions appealed from the superior court’s order partially denying their motion to strike under the anti-SLAPP statute. Plaintiff alleged that defendants marketed a posthumous Michael Jackson album in violation of the Unfair Competition Law (UCL) and the Consumers Legal Remedies Act (CLRA).
Plaintiff also brought a fraud claim against the Cascio Defendants, alleging that they knowingly misrepresented to defendants that Jackson was the lead singer on the three tracks at issue. Upon reconsideration in light of FilmOn.com Inc. v. Double Verify Inc. (2019) 7 Cal.5th 133, the Court of Appeal held that its prior opinion was correct. In the prior opinion, the court held that plaintiff’s claims against defendants arose from conduct furthering defendants’ right of free speech in connection with a public issue, and that plaintiff did not show a probability that her claims under the UCL and the CLRA would succeed because the claims concern noncommercial speech that is not actionable under those statutes. The court largely adopted the prior opinion, except that it revised the discussion of the first step of the anti-SLAPP procedure to take into account the FilmOn decision and its application to the circumstances of this case.
The court held that defendants’ challenged statements were sufficiently connected to an issue of public interest to warrant anti-SLAPP protection. In this case, the representations that plaintiff challenged did not simply promote sale of the album, but also stated a position on a disputed issue of public interest.
If you are faced with California’s Anti-SLAPP issues and dispicable defamation, you need a highly skilled and tenacious attorney as your advocate! Contact the Law Office of Robert Rodriguez! (209) 596-4263.
Robert Rodriguez has prosecuted and defended California’s Anti-SLAPP law Section 425.16 of the Code of Civil Procedure, et seq. in the State of California courts. Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.
* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law. Robert Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California. Robert Rodriguez has practiced in the California Court of Appeal.