Thomas

Thomas v. Los Angeles Times Communications LLC

Good Law
45 F. App'x 801
United States Court of Appeals for the Ninth CircuitSeptember 6, 2002No. 02-55343; D.C. No. CV-01-08684-ABCCalifornia956 words

Opinion

Lead Opinion

MEMORANDUM *

Michel Thomas appeals the dismissal of his action for defamation against the Los *802 Angeles Times and a Times reporter, Roy Rivenburg. The Times published an article, written by Rivenburg, about Thomas’s remarkable life story. Thomas contends that the human-interest story, which was entitled “Larger Than Life,” and was published on the first page of the Southern California Living section, gave rise to two defamatory implications: first, that he lied about some of his exploits during and following World War II, and second, that his language instruction program is a sham.

The district court granted the defendants’ motion to strike the complaint pursuant to California’s anti-SLAPP statute. Cal. Civ. P.Code § 425.16. 1 That statute provides that a defendant may make a special, expedited motion to strike in cases involving the defendant’s rights to free speech or to petition for redress of grievances. In order to prevail against such a motion, a plaintiff must demonstrate, using admissible evidence, that he has a probability of success on the merits of the suit. Id. § 425.16(b)(1). We review the district court’s ruling de novo, and affirm.

The district court correctly…

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