Elconin

I.

BACKGROUND

Elconin filed a complaint for damages against Bui that included counts for slander, libel, and intentional infliction of emotional distress based on false and harassing statements Bui made orally to third parties or posted on Facebook. Bui allegedly stated that Elconin was a fraud and a cheater who stole jewelry, swindled investors and charities out of money, and owed a lot of money to the IRS; that Elconin was buying or bribing witnesses; that Elconin abused her son and was willing to kill him to get what she wants; and that Elconin was a hooker and a prostitute. Bui filed an answer asserting a general denial and fifteen affirmative defenses, including that the allegedly defamatory statements were true or were nonactionable opinion. As one of her exhibits for trial, Elconin listed an article entitled “Story about the Millionaire Mother” that was published in a weekly magazine for the Vietnamese community in San Jose (the Millionaire Mother article). The article listed Thanh Minh as its author, but Elconin contended it was really Bui. The article purported to tell a true story about an unnamed barbaric and malicious mother who was so full of deceit and greed that…