Du Charme v. International Brotherhood of Electrical Workers, Local 45

Good Law
1 Cal. Rptr. 3d 501·110 Cal. App. 4th 107·2003 Cal. App. LEXIS 1002·2003 Daily Journal DAR 7367·173 L.R.R.M. (BNA) 2341
Court of Appeal of CaliforniaJuly 3, 2003A097898California4,422 words

Opinion

Opinion

Kline, J.

INTRODUCTION

The International Brotherhood of Electrical Workers, Local 45 (Local 45), the International Brotherhood of Electrical Workers (IBEW), and Cecil Wynn (collectively, defendants), appeal from an order denying their special motion to strike Frank Du Charme’s defamation claim against them. They contend the trial court erred in ruling they had not satisfied the criteria of the anti-SLAPP (strategic lawsuits against public participation) statute (Code Civ. Proc., § 425.16 (section 425.16); see Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57 [ 124 Cal.Rptr.2d 507 , 52 P.3d 685 ]), and consequently failing to award them attorney fees (§ 425.16, subd. (c)).

BACKGROUND

On August 11, 1998, Du Charme sued Local 45, the IBEW and Cecil Wynn for breach of contract and breach of the covenant of good faith and fair dealing, wrongful termination in violation of public policy (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 ]), and defamation or libel. The gravamen of his complaint was that in August of 1997, he was wrongfully terminated from his employment as assistant business manager of Local 45, and a…

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