Abbasov v. Payne CA4/1
Kevin Payne appeals from an order denying his anti-SLAPP motion under Code of Civil Procedure section 425.16. Payne posted comments on a website describing real estate broker Kazem Abbasov as a "scammer" who engaged in bank fraud in connection with the short sale of Payne's neighbor's property, for a price Payne believed was below market value and caused Payne's property to lose value. Abbasov sued Payne for defamation and trade libel. Payne moved to strike the lawsuit under section 425.16, subdivision (b), arguing it arose from protected acts of free speech and was thus subject to dismissal as a SLAPP suit. The trial court agreed with Payne that the lawsuit arose from protected activities but nevertheless denied Payne's motion, finding Abbasov established a probability he would prevail on his claims. We find that Payne's posting does not involve an issue of public interest and therefore is not entitled to protection under section 425.16, subdivisions
Comments on Abbasov v. Payne CA4/1