Rivero

Rivero v. American Federation of State, County & Municipal Employees, AFL-CIO

Good Law
105 Cal. App. 4th 913·130 Cal. Rptr. 2d 81·2003 Cal. App. LEXIS 123·2003 Daily Journal DAR 1109·2003 Cal. Daily Op. Serv. 902
Court of Appeal of CaliforniaJanuary 28, 2003No. A097032California6,347 words

Opinion

lead Opinion

Haerle, J.

I. Introduction

David Rivero sued numerous individuals and entities, including the American Federation of State, County and Municipal Employees, AFL-CIO, and its Local 3299 (collectively the Union). He charged the Union with libel, slander, conspiracy to libel, intentional infliction of emotional distress, and intentional and negligent interference with economic relationship. The Union filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, 1 commonly called the anti-SLAPP statute (see Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57 [ 124 Cal.Rptr.2d *916 507 , 52 P.3d 685 ] (Equilon)). 2 The trial court denied the motion and the Union appealed. We affirm.

II. Factual and Procedural Background

Rivero filed this action on November 14, 2000. He later twice amended his complaint. Rivero’s most recent complaint alleges in relevant part as follows: In November 1999, 3 Rivero was a supervisor of janitors at the International House on the campus of the University of California at Berkeley and had been for approximately 18 years.

During October and the beginning of November, Rivero was absent from work due to an industrial…

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