Dubrow

INTRODUCTION

After a plastic surgeon filed a petition to compel arbitration of a patient’s malpractice claims, the patient’s attorney made statements regarding the plastic surgeon’s negligence to an online website. The plastic surgeon sued the attorney for defamation, and the attorney filed a special motion to strike the complaint under Code of Civil Procedure section 425.16. The trial court denied the special motion to strike, and the attorney appealed. We affirm. While the fair report privilege (Civ. Code, § 47, subd. (d)) provides a complete defense to media reports of judicial proceedings, the attorney’s statements are not protected.

FACTUAL AND PROCEDURAL HISTORY

I. SCOGGINS SUFFERS INJURIES AFTER SURGERY; DUBROW FILES A PETITION TO COMPEL

ARBITRATION OF SCOGGINS’S CLAIMS

In June 2019, Sandy Scoggins travelled to California from her home in Texas to have a surgical consultation with plastic surgeon Dr. Terry J. Dubrow. At that time, Scoggins signed an arbitration agreement in which she agreed that “any claim arising out of or related to the medical treatment or service she received by Dr. Dubrow would be resolved exclusively by confidential binding arbitration.” Scoggins…