Price

Defendants Operating Engineers Local Union No. 3, Greg Domback, Henry Miles, Justin Diston, Mike Croll, Dan Kem, Mark Matney, Jeremiah Figueroa, Robert Shane Walthers and Bob Miller (collectively “the Union”) 1 appeal from an order denying their special motion to strike the defamation and false light causes of action in the complaint filed by plaintiff, Jim Price. The Union brought its motion under Code of Civil Procedure section 425.16, 2 also known as the antistrategic lawsuits against public participation (anti-SLAPP) statute.

Price’s defamation and false light claims are based on flyers containing disparaging statements regarding Price that the Union distributed at the apartment complex where Price lived. To prevail on its motion to strike, the Union must show that the flyers concern a matter of public interest within the meaning of section 425.16. The Union contends, among other things, that because the flyers were distributed during a labor dispute, it has shown that their distribution was a matter of public interest. We disagree.

As we will explain, the Union has not shown that its disparaging statements regarding Price involve an issue of public, as opposed to…