Carlson v. Gilgan CA4/3
Plaintiff Jacqueline Dupont Carlson owns plaintiff Dupont Residential Care, Inc., doing business as Irvine Cottages Memory Care (Irvine Cottages), a residential care facility. Defendant Patrice Gilgan’s father (Gerald) briefly stayed at Irvine Cottages, where he suffered a fall. Afterward, Gilgan began publicly campaigning against perceived neglect at Irvine Cottages. Among other things, she was interviewed for a television talk show and posted three videos with commentary on a Web site called LiveLeak.
Carlson and Irvine Cottages sued Gilgan for defamation and related causes of action. Gilgan responded to plaintiffs’ complaint with an anti-SLAPP special motion to strike (Code Civ. Proc., § 425.16), which the court granted in part. The court determined the complaint arose out of protected activity, but that claims arising from the first two videos were time-barred. As to the third video, however, the court determined plaintiffs’ claims were timely and presented a prima f
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