Wong

Wong v. Jing

Good Law
117 Cal. Rptr. 3d 747·189 Cal. App. 4th 1354·2010 Cal. App. LEXIS 1923
Court of Appeal of CaliforniaNovember 9, 2010No. H034059California9,242 words

Opinion

lead Opinion

Rushing, J.

I. Statement of the Case

Plaintiff Yvonne Wong (Wong), a pediatric dentist, filed an action against defendants Tai Jing (Jing), his wife Jia Ma (Ma), and the Web site Yelp.com (Yelp) based on allegedly false assertions contained in a review posted on Yelp that criticized the dental services Wong had provided to Jing and Ma’s young son. Defendants responded by filing an anti-SLAPP motion under Code of Civil Procedure section 425.16 to strike Wong’s claims. 1 The trial court denied the motion, and defendants now appeal from that order. (§ 425.16, subd. (i).)

We reverse.

n. Anti-SLAPP Motion Procedure

Section 425.16 is called the anti-SLAPP statute because it allows a defendant to gain early dismissal of causes of action that are designed primarily to chill the exercise of First Amendment rights. (Siam v. Kizilbash (2005) 130 Cal.App.4th 1563, 1568 [ 31 Cal.Rptr.3d 368 ]; Simmons v. Allstate Ins. Co. (2001) 92 Cal.App.4th 1068, 1069-1070 [ 112 Cal.Rptr.2d 397 ].) In pertinent part, the statute provides, “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States…

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