Sanders

Sanders v. Walsh

Good Law
162 Cal. Rptr. 3d 188·2013 Cal. App. LEXIS 733·219 Cal. App. 4th 855·2013 WL 5112143
Court of Appeal of CaliforniaSeptember 16, 2013G047440California7,957 words

Opinion

Opinion

Ikola, J.

Plaintiff Cheryl Sanders sued defendants Constance Walsh and Wiggin Out Salons, Inc. (Wiggin Out), over allegedly defamatory statements posted online. After a bench trial, the court entered judgment for plaintiff, awarding compensatory and punitive damages. Defendants raise five contentions on appeal: (1) The defamatory statements were nonactionable opinion; (2) the court erred in finding they were collaterally estopped from relitigating issues previously decided in a small claims action; (3) the court erred in excluding evidence of plaintiff’s prior felony conviction, which was previously dismissed pursuant to Penal Code section 1203.4; (4) there was insufficient evidence to support a finding of malice related to punitive damages; and, finally, (5) they challenge certain discovery orders in favor of a third party.

We affirm. We reject all of the alleged errors with the exception of the finding that defendants were collaterally estopped from relitigating issues decided in a small claims action. But we find that error was harmless.

FACTS

This case arises from an aborted sale of a wig. In June 2009, plaintiff’s mother purchased a wig from defendant Wiggin Out due to the…

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