Burghardt v. Yvon CA4/1
Brigitte Yvon’s dog, Davie, was severely burned during or soon after undergoing routine surgery. Yvon settled the potential veterinary malpractice claim against Dr. James Theodore Burghardt, Jr. and his corporate practice, Companion Pet Care, Inc. (collectively, Burghardt). This case erupted later after Yvon posted a very uncomplimentary Yelp review about Burghardt and the incident. Burghardt responded by suing Yvon for breach of a confidentiality provision in the settlement agreement (Agreement) as well as defamation and related causes of action (the Complaint). Yvon’s attorneys countered with an anti-SLAPP motion.
Yvon appeals from an order denying that motion. Burghardt concedes that all his claims arise from Yvon’s protected activity. The only issue is whether they have minimal merit. On independent review, we conclude they do not. Accordingly, we reverse with directions to enter judgment in her favor.
Comments on Burghardt v. Yvon CA4/1