Sukumar
Sukumar v. Ballard CA4/1
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…