GetFugu, Inc. v. Patton Boggs LLP

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Imán Reza (Reza) (collectively, the Attorney Defendants). -

The issues presented include whether the Attorney Defendants met their burden to show Plaintiffs’ defamation claim arose from protected activity by the Attorney Defendants, and whether Plaintiffs, in resisting the special motion to strike, demonstrated their defamation claim had the requisite minimal merit to withstand the defense motion.

For the reasons discussed below, the order is partially reversed with respect to the cause of action for defamation by GetFugu and Freer against two of the Attorney Defendants, Patton and Oparil, and is otherwise affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

1. The earlier RICO action.

In January 2010, Simon Davies and David Wamock filed a civil action under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) ( 18 U.S.C. § 1961 et…