Damon

Damon v. Ocean Hills Journalism Club

Caution
102 Cal. Rptr. 2d 205·2000 Cal. App. LEXIS 943·2000 Daily Journal DAR 13185·85 Cal. App. 4th 468·2000 Cal. Daily Op. Serv. 9925
Court of Appeal of CaliforniaDecember 13, 2000D034890California4,132 words

Opinion

Opinion

Haller, J.

Dennis E. Damon, a former manager of a homeowners association, brought a defamation complaint against several of the association members, two board of directors members, and a private homeowners association club. The trial court granted defendants’ motion to strike the complaint under California’s anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) Damon appeals.

In the published portion of this decision, we hold the trial court properly determined the anti-SLAPP statute applied because the evidence showed the alleged defamatory statements were made “in a place open to the public or in a public forum” and concerned “an issue of public interest” within the meaning of Code of Civil Procedure section 425.16, subdivision (e)(3). In the unpublished portion of the opinion, we conclude Damon failed to satisfy his burden to show a probability he would prevail on his claims at trial, and failed to show the trial court erred in refusing to grant him relief from the statutory discovery stay.

Facts

Leisure Village at Ocean Hills is a planned development residential community for seniors, consisting of 1,633 homes, a golf course and…

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