Dual Diagnosis Treatment Center v. BuschelAnnotate this Case
This case arose out of the re-publication and electronic distribution of an outdated newspaper article concerning Dual Diagnosis Treatment Center, Inc. dba Sovereign Health of California (Sovereign) and one of the treatment centers it operates. Following the re-publication, which occurred in an electronic newsletter edited and published by Leonard Buschel, Sovereign sued Buschel and a nonprofit he founded, Writers in Treatment, Inc. (Writers), seeking injunctive relief and damages for alleged harm caused by supposed false statements made in the newsletter. Buschel and Writers filed a special motion to strike the complaint under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). The trial court denied the motion; Buschel and Writers appealed. The Court of Appeal affirmed the trial court’s order denying the motion because Sovereign’s claims did not arise from activity protected by the anti-SLAPP statute.