Herrera
Tutor-Saliba Corp. v. Herrera
Opinion
Opinion
Ruvolo, J.
I.
Introduction
Plaintiff and appellant Tutor-Saliba Corporation (Tutor) appeals an order striking its complaint for defamation against defendant and respondent Dennis J. Herrera (Herrera), following Herrera’s successful special motion to strike brought under California’s anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) The motion was granted after the trial court concluded that the alleged defamatory statements made by Herrera in a speech before the San Francisco Chinese-American Democratic Club (CADC) were absolutely privileged under Civil Code section 47, subd. (a) (official duty privilege), as well as under Government Code sections 821.6 and 820.2 (prosecutorial immunity and discretionary immunity, respectively). We affirm, concluding that the alleged statements were subject to the official duty privilege. We also conclude that the trial court did not err in denying Tutor’s request for limited discovery, under section 425.16, subdivision (g).
H.
Procedural Background
On February 19, 2004, Tutor filed a complaint alleging a single cause of action for defamation against Herrera in San Mateo County Superior Court.…