Yan v. Chinese Daily News
The Chinese Daily News was sued for libel and related causes of action arising out of a newspaper article concerning the kidnapping of Bingzhang Wang. The Chinese Daily News prevailed in its motion under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuits against public participation) statute, and was awarded attorney fees. In two consolidated appeals, appellants argue (1) that the court erred in granting the anti-SLAPP motion because they established a probability of prevailing on the merits and (2) that the attorney fees award was not reasonable.
Court conclude that appellants fail to show a probability of prevailing on the merits because the allegedly defamatory article is privileged under Civil Code section 47. Court also hold that the attorney fees award is not supported by substantial evidence. Court affirm the order granting the anti-SLAPP motion and reverse the order granting attorney fees.
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