Egley v. Sparks CA4/1
Marcelle Egley and Repossession Specialists, Inc. doing business as ABA Recovery Service (ABA) sued Ashley Sparks for slander per se, trade libel, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED). The superior court granted Sparks's motion to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. Egley appeals, contending the court erred in determining: (1) Sparks's statement was protected speech and (2) Egley did not carry her burden of showing a probability of success on the merits. We agree with Egley on her first point. On the record before us, we cannot say that Sparks showed that his statement giving rise to the underlying complaint was protected speech. As such, we reverse the order granting Sparks's anti-SLAPP motion.
Comments on Egley v. Sparks CA4/1