Daniel v. WayansAnnotate this Case
Plaintiff filed suit against Marlon Wayans and others, alleging, inter alia, that he was the victim of racial harassment during his day of work as an extra on Wayans's movie. Wayans moved to strike plaintiff's claims as an anti-SLAPP suit (strategic lawsuit against public participation), Code of Civil Procedure section 425.16, arguing that plaintiff's claims arose from Wayans's constitutional right of free speech. The trial court entered judgment for Wayans and awarded him attorney fees. Under the two step-process applicable to anti-SLAPP motions, the court concluded that Wayans met his burden of showing that the claims arose from a protected activity because all of the alleged misconduct is based squarely on Wayans's exercise of free speech—the creation and promotion of a full-length motion picture, including the off-camera creative process. In regard to step two, the court concluded that plaintiff failed to meet his burden of demonstrating a probability of prevailing on his claims. The court rejected plaintiff's claims of misappropriation, false light, quasi-contract, and unjust enrichment based on an Internet posting. The court also rejected plaintiff's claim of intentional infliction of emotional distress based on both the on-set comments and conduct, as well as the Internet posting. Because the court held that the trial court properly granted Wayans's anti-SLAPP motion, the court further held that the award of attorney fees was proper. Accordingly, the court affirmed the judgment.