Martin

Martin v. Inland Empire Utilities Agency

Good Law
130 Cal. Rptr. 3d 410·198 Cal. App. 4th 611·2011 Cal. App. LEXIS 1086
Court of Appeal of CaliforniaAugust 18, 2011No. E051217California8,730 words

Opinion

Lead Opinion

Miller, J.

Plaintiff Dean Martin filed a complaint alleging six causes of action deriving from purported racial and age discrimination and retaliation by defendants Inland Empire Utilities Agency (agency) and its CEO (chief *616 executive officer), 1 Richard Atwater (collectively, defendants), for plaintiff’s refusal to take punitive action against another employee who had made similar allegations. Plaintiff’s fifth cause of action for defamation alleged defendants had “fabricated false allegations and uttered comm[unic]ations for the specific purpose of injuring Plaintiff in his career and occupation and designed to humiliate and embarrass Plaintiff . . . before the Board and before his own staff.” Some of the alleged defamatory statements were purported to have occurred during a meeting of the agency’s board on October 7, 2009. Defendants demurred and also filed a special motion to strike the complaint (anti-SLAPP motion) 2 pursuant to Code of Civil Procedure, section 425.16. 3 Plaintiff opposed both the anti-SLAPP motion and the demurrer. Defendants filed replies with evidentiary objections to plaintiff’s declaration in support of his opposition to the anti-SLAPP motion.

The…

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