MARANATHA CORRECTIONS v. DEPARTMENT OF CORRECTIONS PART I
Trial court did not err in granting anti SLAPP motion by Department of Corrections and Rehabilitation in suit by private prison contractor alleging defamation by department's director who published a letter to contractor terminating contract on grounds that it had misappropriated funds because communications were protected activity under Code of Civil Procedure Sec. 425.16(e)(2), which protects statements or writings "made in connection with an issue under consideration or review by [an] executive...body," and subsection (e)(3), which protects statements or writings made in a public forum in connection with an issue of public interest. Trial court did not err in ruling that plaintiffs could not prevail on defamation claims because communications, which were made by a public official exercising policy making functions in course of discharging official duties, were absolutely privileged under Civil Code Sec. 47(a). Award of attorney's fees to defendants was proper where no error existed in order striking defamation claims, and plaintiffs did not contend that amount was excessive.
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