Decision Diagnostics v. Girardi CA2/4
Appellants Decision Diagnostics Corporation, Keith Berman (its president), and Pharmatech Solutions, Inc. (a subsidiary) filed a complaint for malicious prosecution and abuse of process against respondents Matthew D. Girardi, his law firm (The Girardi Law Firm, LLP), Emily Corporation and Joseph DiFabio (Emily’s president). Respondents filed a cross-complaint alleging, among other claims, that appellants had defamed Girardi by posting libelous statements on a public website. Appellants filed a special motion to strike the defamation claim under Code of Civil Procedure section 425.16 (the anti-SLAPP motion). The trial court initially granted the anti-SLAPP motion, but after further consideration, denied the motion. Appellants contend the trial court erred in denying the anti-SLAPP motion. For the reasons set forth below, we conclude that the defamation claim did not arise out of activities protected under section 425.16. Accordingly, we affirm .
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