Cargle

Respondents—a publicly traded company and its chairman—brought a defamation action against an anonymous poster on an Internet message board who posted messages critical of them. The poster responded with a motion to strike the complaint under California’s antiSLAPP statute. Once the poster’s identity was revealed, respondents dismissed the California action and filed in New York. In the first appeal, we held that the dismissal did not strip the trial court of jurisdiction to rule on the motion and request for attorney fees. (Ampex Corp. v. Cargle (Apr. 30, 2003, A099344) [nonpub. opn.].) This time around we reverse the lower court’s denial of appellant’s motion for attorney fees and conclude that he sustained his burdens under section 425.16. Therefore, appellant is the prevailing party, entitled to attorney fees. (§ 425.16, subd. (c).)

I. BACKGROUND

A. Factual Background

Appellant Scott Cargle is a former employee of iNEXTV, a wholly owned subsidiary of respondent Ampex Corporation (Ampex). Cargle was laid off in December 2000 for economic reasons, along with approximately 20 other iNEXTV employees.

Ampex is a publicly traded company with 59.9 million shares…