Sykes

In our youth and celebrity worshipping culture, the benefits and risks of plastic surgery are a hot topic. The number of people, especially women, who have had minimally invasive cosmetic surgery has grown exponentially in the past several years.

Jonathan Sykes, M.D., is a prominent professor and practitioner of plastic and reconstructive surgery at the University of California, Davis, Medical Center (UC Davis Medical Center) in Sacramento. Sykes performed a series of facial cosmetic procedures on Georgette Gilbert in February 2003. Gilbert was appalled at the results. She not only sued Sykes for medical malpractice, but created a Web site relating her experiences with Dr. Sykes (including before and after photos), as well as information and advice for those considering plastic surgery.

Sykes filed a multitort cross-complaint in the malpractice action, alleging he was defamed and suffered loss of business as a result of false and misleading statements appearing on Gilbert’s Web site. Gilbert responded with a special motion to strike the cross-complaint. (Code Civ. Proc., § 425.16.) The trial court denied the motion, finding that Sykes had established a probability of…