Foley
Foley v. McElroy CA4/1
Opinion
Opinion
Do, J.
INTRODUCTION
J. Patrick Foley, a Roman Catholic priest, sued his diocese, the bishop, and two diocese employees for libel and intentional infliction of emotional distress after they answered media questions about a list of priests “credibly accused” of child molestation. The trial court granted the defendants’ special anti-SLAPP (strategic lawsuit against public participation) motion to strike
(Code Civ. Proc.,1 § 425.16) and dismissed the action. On appeal, Foley contends the court erred in finding he failed to demonstrate a probability of prevailing on his claims. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
I. The Parties Foley is, and was at all times relevant to the underlying action, a Roman Catholic priest. At one time he held an assignment within The Roman Catholic Diocese of San Diego (diocese or Diocese of San Diego), an
ecclesiastical territory that includes San Diego County. 2 Defendants indicate that Foley remains under the authority of the bishop of this diocese. Robert W. McElroy has been the bishop of the Diocese of San Diego since 2015. Rodrigo Valdivia and Kevin C. Eckery are both employees of The