Doe v. Gangland Productions, Inc., No. 11-56325 (9th Cir. 2013)
Annotate this CasePlaintiff is a former prison gang member and police informant. Defendants are producers of the documentary television series, "Gangland." Plaintiff filed suit for various claims alleging that defendants' failure to conceal his identity in an episode of "Gangland" endangered his life and cost him his job as an informant. On interlocutory appeal, defendants challenged the district court's denial of their anti-SLAPP (Strategic Lawsuit Against Public Participation) motion to strike the complaint under California Code of Civil Procedure 425.16. The court concluded that defendants have met their initial burden under the anti-SLAPP statute where defendants' acts in furtherance of their right of free speech were in connection with issues of public interest. The court also concluded that, at this juncture, plaintiff's claims were not barred by the release he signed. It follows that plaintiff's statements were not barred by the parole evidence rule. The court further concluded that plaintiff met his burden of showing a probability of prevailing on his claims for (1) public disclosure of private fact; (2) intentional infliction of emotional distress; (3) false promise; and (4) declaratory relief. Plaintiff failed to establish a reasonable probability of prevailing on his claims for (1) appropriation of likeness and (2) negligent infliction of emotional distress. Accordingly, the court affirmed in part and reversed in part.
Court Description: California Anti-SLAPP. The panel affirmed in part, and reversed in part, the district court’s denial of defendants’ anti-SLAPP motion, a special motion to strike the complaint under California Code of Civil Procedure § 425.16, in an action brought by plaintiff John Doe whose identity was not concealed in an episode of defendants’ documentary television series, Gangland. The panel held that California’s anti-SLAPP statute applied to plaintiff’s lawsuit because it arose from defendants’ conduct in furtherance of their right of free speech in connection with issues of public interest. The panel held that at this juncture plaintiff’s claims were not barred by the release he signed, and his statements were not barred by the parol evidence rule. The panel held that plaintiff met his burden to show a probability of prevailing on his claims for public disclosure of private fact; intentional infliction of emotional distress; false promise; and declaratory relief. The panel struck plaintiff’s claims for appropriation of likeness and negligent infliction of emotional distress because plaintiff failed to establish a probability of prevailing on those two claims. The panel also held that plaintiff’s multiple claims were not barred by California’s single publication rule.
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