Buckberg v. Coalition of University Employees
Filed 3/17/06 Buckberg v. Coalition of University Employees CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| GERALD D. BUCKBERG, Plaintiff and Respondent, v. COALITION OF UNIVERSITY EMPLOYEES, LOCAL 4; and SCOTT MILLER, Defendants and Appellants. | B180380 (Los Angeles County Super. Ct. No. BC318195) |
APPEAL from an order of the Superior Court of Los Angeles County, Gregory W. Alarcon, Judge. Affirmed.
Leonard Carder and Beth A. Ross, for Defendants and Appellants.
Krane & Smith, Marc Smith and Ann Penners Bergen for Plaintiff and Respondent.
INTRODUCTION
Defendants Scott Miller and Coalition of University Employees, Local 4 appeal an order denying their special motion, brought pursuant to the anti-SLAPP statute (Code Civ. Proc., § 425.16), [1] to strike three causes of action from the complaint brought against them by plaintiff Gerald D. Buckberg, M.D. We find that even if we assume that defendants met their statutory burden of showing that the causes of action arose from their acts in furtherance of their constitutional rights to petition or free speech in connection with a public issue, plaintiff Buckberg has made a prima facie showing, under the applicable standard of review, that there is a probability that Buckberg will prevail on the claims. Buckberg's prima facie showing is sufficient to negate the defenses of section 425.16, subdivision (e)(2) and (4). We therefore find that the trial court correctly denied defendants' special motion to strike, and affirm that order.
FACTUAL AND PROCEDURAL HISTORY
On July 8, 2004, Gerald D. Buckberg, M.D., filed a complaint alleging seven causes of action against numerous defendants. This appeal involves only those causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress, and invasion of privacy, against two defendants, Scott Miller and Coalition of University Employees, Local 4 (â€
