Sukumar

Sukumar v. Ballard CA4/1

Good Law
Court of Appeal of CaliforniaJuly 18, 2013D061178California5,145 words

Opinion

Opinion

INTRODUCTION

Ponani Sukumar (Ponani) appeals from an order granting the special motion of

James R. Ballard and Schwartz Semerdjian Ballard & Cauley LLP (collectively Ballard)

to strike his defamation complaint under Code of Civil Procedure section 425.16,

commonly referred to as the anti-SLAPP (strategic lawsuit against public participation)

statute. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn 1.)

Ponani contends the anti-SLAPP statute does not apply to his complaints because the

alleged defamatory statements were commercial speech. He also contends the trial court

erred by determining his claims were time-barred, by weighing evidence to find the

alleged defamatory statements were true, and by sustaining Ballard's objections to the

declaration of his linguistics expert.

We conclude the anti-SLAPP statute applies and Ponani's claims are time-barred.

We, therefore, affirm the order.

BACKGROUND

I

Prior Malicious Prosecution Action

This case stems from Ballard's prior successful handling of a malicious

prosecution action. For context, we repeat the background summary from our decision

affirming the judgment in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.