Doe 2 v. Superior Court (Avongard Products)

Avongard Products U.S.A. Ltd., doing business as Hydraulx (Hydraulx), a preeminent film industry visual special effects (vfx) provider, sued petitioner John Doe 2 (Doe 2) for libel, alleging Doe 2’s anonymous e-mails to a film producer and a film industry executive harmed its reputation. After Doe 2 filed a special motion to strike under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16, the trial court granted Hydraulx’s request to conduct special discovery that would reveal Doe 2’s identity. Doe 2 filed a petition for writ of mandate seeking reversal of the discovery order.

We grant the petition. Under Krinsky v. Doe 6 (2008) 159 Cal.App.4th 1154 [ 72 Cal.Rptr.3d 231 ] (Krinsky), First Amendment protection for anonymous speech requires a libel plaintiff seeking to discover an anonymous libel defendant’s identity to make a prima facie showing of all elements of defamation. Paterno v. Superior Court (2008) 163 Cal.App.4th 1342 [ 78 Cal.Rptr.3d 244 ] (Paterno) similarly holds that a libel plaintiff cannot establish good cause for special discovery under section 425.16, subdivision (g) without a prima facie showing the allegedly libelous statements…