LA Taxi v. Indep. Taxi OwnersAnnotate this Case
Plaintiffs filed suit against defendants for false advertising on the Internet. The trial court denied defendants' Anti-SLAPP, Code of Civ. Proc. 425.16, motion, concluding that defendants had not met their threshold burden of showing that the alleged false advertising fell within the purview of section 425.16. Both parties appealed. The court concluded that the trial court correctly denied the anti-SLAPP motion, as the conduct alleged constituted purely commercial speech; plaintiffs met their burden of demonstrating the applicability of the commercial speech exemption of section 425.17; with respect to the attorney fees motion, the court concluded that no reasonable basis existed for asserting that the allegedly false advertisements constituted conduct in connection with an issue of public interest, and that the motion was therefore frivolous; and therefore, plaintiffs are entitled to recover their attorney fees. Accordingly, the court affirmed the judgment.