LifeVantage Corp. v. MacFarland CA1/15

Filed 7/24/15 LifeVantage Corp. v. MacFarland CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

LIFEVANTAGE CORPORATION,

Plaintiff and Respondent,

A141057

v. BRIAN C. MACFARLAND, (San Mateo County Super. Ct. No. CIV521137) Defendant and Appellant.

Appellant Brian C. MacFarland posted a number of articles online that were highly critical of a product made by respondent LifeVantage Corporation (LifeVantage). After MacFarland made a number of claims about the development, effectiveness, and marketing of LifeVantage’s product, LifeVantage sued him for libel. MacFarland responded by filing a special motion to strike under Code of Civil Procedure section 425.16 (section 425.16).1 The trial court denied the motion, and MacFarland now appeals.…