La Marca v. Capella University

MEMORANDUM **

Jeffry La Marca appeals the district court’s denial of his special motion to strike pursuant to California’s anti-SLAPP provision, California Civil Procedure Code section 425.16. We have jurisdiction under 28 U.S.C. § 1291 , see Batzel v. Smith, 333 F.3d 1018, 1024 (9th Cir.2003), and we affirm.

*665 California’s anti-SLAPP provision provides protection from a strategic lawsuit filed “against a person arising from any act of that person in furtherance of the persons’s right of petition or free speech under the United States or California Constitution in connection with a public issue .... ” Cal.Civ.Proc.Code § 425.16(b)(1). The provision “was enacted to allow early dismissal of meritless first amendment cases aimed at chilling expression through costly, time-consuming litigation.” Metabolife Int’l v. Wornick, 264 F.3d 832 , 839 (9th Cir.2001). As the district court correctly found, La Marca’s statements were an “act in furtherance” because they were “made in ... a public forum in connection with an issue of public interest.” Cal.Civ. Proc.Code § 425.16(e)(3). His statements were communicated via internet postings and contained topics of public interest, such as…