McCallister v. Smith
Filed 7/11/06 McCallister v. Smith CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| LINDA McCALLISTER, Plaintiff and Appellant, v. WILLIAM J. SMITH, Defendant and Respondent. | E038364 (Super.Ct.No. INC040683) OPINION |
APPEAL from the Superior Court of Riverside County. Lawrence W. Fry, Judge. Affirmed.
Law Offices of D. Michael Caruthers, D. Michael Caruthers and Sigrid R. Hilkey for Plaintiff and Appellant.
Declues & Burkette, Jeffrey P. Thompson and Gregory A. Wille for Defendant and Respondent.
I. INTRODUCTION
Plaintiff Linda McCallister appeals from the trial court's order striking the cause of action for defamation in her complaint against defendant William J. Smith pursuant to Smith's motion to strike under Code of Civil Procedure[1] section 425.16. McCallister contends the trial court erred in finding that (1) Smith's activities arose out of protected activity in furtherance of the exercise of the rights to free speech and petition in connection with an issue of public concern, and (2) she did not meet her burden of demonstrating a probability of prevailing in her claims against Smith.
II. FACTS AND PROCEDURAL BACKGROUND
After the Palo Verde Community College District (District) failed to renew McCallister's contract as Vice President of Instruction, McCallister brought a complaint[2] against the District for retaliation, breach of contract, breach of the covenant of good faith and fair dealing, defamation, and disability discrimination. The complaint also alleged a cause of action for defamation against her supervisor, District President/Superintendent James Hottois; the head of the faculty union, Lucy Gallan;[3] and plaintiff's coworker at the District, Quenton Hanson. Through a Doe amendment, plaintiff later added Smith, McCallister's replacement as Vice President of Instruction, as a defendant to the cause of action for defamation.
Smith filed a special motion to strike under section 425.16, California's anti-SLAPP (â€
