Soka University of America v. Shogakukan, Inc.

MEMORANDUM *

Soka University of America appeals from the district court’s order granting Shogakukan, Inc. and Kazumoto Ohno’s special motion to strike SUA’s complaint for libel under California’s Anti-SLAPP law, California Civil Procedure Code section 425.16.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. “A district court’s grant of a special motion to strike under California’s anti-SLAPP statute, Cal. Civ. P.Code § 425.16, is ... reviewed de novo.” Bosley Med. Inst., Inc. v. Kremer, 403 F.3d 672, 676 (9th Cir.2005).

SUA did not satisfy the requirement under California’s Anti-SLAPP law that it show “that there is a probability that [it] will prevail on the claim.” Cal.Civ.Proc. Code § 425.16(b)(1). Here, to prevail, SUA would have to be able to “prove[ ] by clear and convincing evidence that the [Appellees] published the defamatory statements] with actual malice, i.e., with ‘knowledge that [they were] false or with reckless disregard of whether [they were] false or not.’ ” Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 510 , 111 S.Ct. 2419 , 115 L.Ed.2d 447 (1991) (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 279-80 , 84 S.Ct. 710 , 11 L.Ed.2d…