Argentieri v. ZuckerbergAnnotate this Case
Argentieri was an attorney for Ceglia in Ceglia’s suit against Zuckerberg and Facebook. That suit was dismissed as a fraud on the court and for spoliation of evidence. Zuckerberg and Facebook then sued Argentieri for malicious prosecution and sent a message to the press, stating that Argentieri knew the suit was based on forged documents. Argentieri sued for defamation. The trial court struck the complaint under the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute (Code Civ. Proc., 425.16). The court of appeals affirmed, rejecting Argentieri’s argument that the court erred in concluding that he had not demonstrated a probability of prevailing on his defamation claim. Although the statement underlying Argentieri’s defamation claim was not subject to the litigation privilege of Civil Code 47(b), it was subject to the fair and true reporting privilege of section 47(d). He had no probability of prevailing on his claim.