Abuemeira v. Stephens
Annotate this CaseJohn F. Stephens and Razmik B. Ekmekdjian appealed an order denying a motion to strike two causes of action in a second amended complaint for damages filed by Yasser and Daria Abuemeira. The Abuemeiras filed suit after Stephens and Ekmekdjian videotaped and distributed a video-recording of the parties to news agencies and various members of the public. The video-recording was taken while the parties were engaged in a road-side brawl. Stephens and Ekmekdjian responded with a motion to strike, challenging two causes of action as a strategic lawsuit against public participation (SLAPP), Code Civ. Proc., 425.16. The court concluded that the trial court properly denied the anti-SLAPP motion because Stephens's conduct did not involve an act in furtherance of his constitutional right of petition or free speech in connection with a public issue. Moreover, Stephens did not present any evidence to establish that the Abuemeiras were anyone other than "private, anonymous" parties or that the dispute was anything other than a private controversy. The court also concluded that the litigation privilege of Civil Code section 47, does not protect Stephens because he has not established that the speech recipients are connected with the litigation or that his communications achieve any objective of the litigation. Also, Stephens's communications to the general public through the Internet and the media are not protected by the litigation privilege. Accordingly, the court affirmed the judgment.
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