JAMS, Inc. v. Superior Court of San Diego County

INTRODUCTION

This action arises from representations made on the JAMS, Inc. (JAMS), Web site regarding the background of the Honorable Sheila Prell Sonenshine (Retired), and JAMS’s operations in offering alternative dispute resolution (ADR) services. Kevin J. Kinsella alleges he relied upon certain representations made on the Web site when he agreed to stipulate to hire Sonenshine as a privately compensated judge to resolve issues related to his marital dissolution case and later discovered the representations were either untrue or misleading.

JAMS and Sonenshine filed an anti-SLAPP (Code Civ. Proc., §425.16) motion to strike Kinsella’s complaint. The court found the action exempt from the anti-SLAPP procedure under the commercial speech exemption of section 425.17, subdivision (c). JAMS and Sonenshine filed a petition for writ of mandate or other relief. We stayed the proceedings and issued an order to show cause why relief should not be granted to allow us the opportunity to consider the issues raised in the petition related to the scope of the commercial speech exemption of section 425.17, subdivision (c). (See Omaha Indemnity Co. v. Superior Court (1989) 209…