Matson

Matson v. Dvorak

Good Law
1995 Cal. App. LEXIS 1134·40 Cal. App. 4th 539·46 Cal. Rptr. 2d 880·95 Daily Journal DAR 15399·95 Cal. Daily Op. Serv. 8896
Court of Appeal of CaliforniaNovember 21, 1995C020162California4,181 words

Opinion

Opinion

Scotland, J.

Plaintiff Paul Matson appeals from a judgment of dismissal following a successful motion to strike pursuant to Code of Civil Procedure section 425.16, commonly known as the “anti-SLAPP statute” (Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 817-818 [ 33 Cal.Rptr.2d 446 ]). He contends the trial court erred in applying this statute to strike his causes of action against defendant Eugene J. Dvorak for libel and invasion of privacy based upon the contents of a campaign flyer published by a political organization to which Dvorak contributed money. The flyer accused Matson, a candidate for election to the city council, of having “hundreds of dollars of unpaid fines and citations” issued by the police department. Matson also challenges the court’s award of attorney fees to Dvorak in accordance with Code of Civil Procedure section 425.16, subdivision (c). (Further section references are to the Code of Civil Procedure unless otherwise specified.)

As we shall explain in the published portion of this opinion, the trial court correctly applied section 425.16 to this lawsuit because it arises from an act in furtherance of the right of free speech. The cause of action for libel…

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