Beilenson

Beilenson v. Superior Court

Good Law
1996 Cal. App. LEXIS 367·44 Cal. App. 4th 944·52 Cal. Rptr. 2d 357·96 Daily Journal DAR 4710·96 Cal. Daily Op. Serv. 2832
Court of Appeal of CaliforniaApril 24, 1996B097615California4,251 words

Opinion

Opinion

Gilbert, J.

Our Constitution protects everyone—even politicians. Code of Civil Procedure section 425.16 was enacted to discourage the filing of strategic lawsuits against public participation—otherwise known as SLAPP suits. Here, we hold the anti-SLAPP law protects statements made by a candidate for public office and his supporters.

In 1994, petitioner, Anthony C. Beilenson, defeated real party in interest, Richard P. Sybert, in an election for United States Congress. After the election, Sybert filed a complaint for libel and injunctive relief against Congressman Beilenson, a campaign worker, a consulting firm, and a campaign committee (hereafter collectively referred to as Beilenson). The complaint alleges that during the week prior to the election, Beilenson distributed and mailed libelous campaign literature.

A campaign mailer, entitled “Rich Sybert Ripped Off California Taxpayers,” charged that “[wjhile on the public payroll [at the State Office of Planning and Research], Rich Sybert maintained a private law practice on the side. Sybert’s clients included foreign investors, a bank, and an insurance company that had a vested interest in the actions of state government. [U Rich…

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