Mitchell v. Twin Galaxies, LLCAnnotate this Case
Mitchell sued Twin Galaxies for defamation and false light after Twin Galaxies issued a statement asserting Mitchell’s world record scores in the Donkey Kong arcade game were not achieved on original unmodified hardware as required under its rules. Twin Galaxies removed all of Mitchell’s world record scores and banned him from participating in its leaderboards. The trial court denied Twin Galaxies’ special motion to strike under the strategic lawsuits against public participation statute (anti-SLAPP motion). (Code Civ. Procedure 425.16.) The court of appeal affirmed. Mitchell showed a probability of prevailing on his claims; the trial court properly denied the anti-SLAPP motion. Mitchell made a prima facie showing of falsity by providing his own declaration and others’ declarations attesting to the equipment used and made a prima facie showing of actual malice. Twin Galaxies failed to take any steps to inquire into the truth of Mitchell’s statements even after he was provided the names of witnesses and having confirmation of the procedures under which the disputed scores were achieved.