Hawran

Hawran v. Hixson

Good Law
147 Cal. Rptr. 3d 88·2012 Cal. App. LEXIS 974·209 Cal. App. 4th 256·2012 WL 4009862
Court of Appeal of CaliforniaSeptember 13, 2012No. D059019California16,584 words

Opinion

Lead Opinion

Rourke, J.

Plaintiff and appellant Paul W. Hawran filed a lawsuit against defendants and appellants Sequenom, Inc. (Sequenom), and Sequenom directors Harry Hixson, Jr., Richard Lemer, and Ronald Lindsay, stemming from representations made in a widely disseminated press release concerning Sequenom’s internal investigation into its handling of certain research and development test data and results, which issued on the same day that defendants filed a legally required disclosure of information to the United States Securities and Exchange Commission (SEC). The trial court granted in part defendants’ special motion to strike Hawran’s first amended complaint as a strategic lawsuit against public participation under Code of Civil Procedure section 425.16 (commonly known as the anti-SLAPP statute), 1 in which defendants unsuccessfully asserted, among other things, the press release was *263 absolutely privileged by the official proceeding and fair reporting privileges (Civ. Code, § 47, subds. (b), (d)). The court left standing Hawran’s causes of action against all of the defendants for defamation, invasion of privacy, and unfair business practices under the unfair competition law (UCL; Bus.…

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