Nguyen v. KSJX-AM 1500
Plaintiff Tam Nguyen alleged in his complaint that KSJX-AM 1500 Radio (KSJX), Multicultural Radio Broadcasting, Inc. (Multicultural Radio), Tron Dinh Do, Vien Thao Media, Inc., and Tung Thanh Vo had defamed him. After the trial court denied their special motion to strike the complaint as a Strategic Lawsuit Against Public Participation (SLAPP) within the meaning of Code of Civil Procedure section 425.16 (the anti-SLAPP statute),[1] KSJX and Multicultural Radio (defendants) filed a timely appeal.[2] We conclude that the trial court erred in finding that defendants were not engaged in protected activity when they broadcast Dos statements. After a defendant bringing an anti-SLAPP motion makes the initial showing that the lawsuit arises from protected speech as defined in section 425.16, the burden shifts to the plaintiff to show a probability of prevailing on the merits of the claim. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76 (Cotati).) Since the trial court did not reach this issue, Court remand the matter to allow the trial court to make this determination. Thus, Court reverse the order denying the special motion to strike.
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