Muddy Waters v. Superior CourtAnnotate this Case
In 2017, plaintiff Perfectus Aluminum, Inc. filed a civil complaint alleging causes of action for: (1) violation of California Unfair Competition Law; (2) trade libel; and (3) intentional interference with prospective economic advantage. Plaintiff named “Dupré Analytics” as the sole defendant in the complaint and alleged liability based upon the publication of two reports that suggested plaintiff was part of a conspiracy to artificially inflate the sales of a large Chinese aluminum company. Muddy Waters, LLC, doing business as Dupré Analytics (Muddy Waters) responded to the complaint by filing a special motion to strike pursuant to California’s anti-SLAPP (strategic lawsuit against public participation) statute found in Code of Civil Procedure section 425.16. The trial court denied Muddy Waters’s motion on the ground that Muddy Waters failed to show plaintiff’s causes of action arose out of protected activity under section 425.16 and that alternatively, the commercial speech exception found in section 425.17 (c), precluded granting the motion. Muddy Waters petitioned the Court of Appeal for mandamus relief. The Court concluded the trial court erred in denying Muddy Waters’s special motion to strike. Accordingly, the Court ordered a writ of mandate issue directing the superior court to vacate its order denying Muddy Waters’s special motion to strike and to enter a new order granting the motion.