Posted by Jeff from LTU-207-73-65-124.LTU.EDU (207.73.65.124) on Thursday, July 11, 2002 at 3:07PM :
In Reply to: What is a CyberSLAPP law suit, and other ques posted by Jeff from LTU-207-73-65-124.LTU.EDU (207.73.65.124) on Thursday, July 11, 2002 at 3:04PM :
January 15, 2002
For Immediate Release:
Court dismisses suit against internet publisher under California’s anti-SLAPP statute
The Office For the Self-Represented (OFSR) announces that on January 15, 2002, a California Superior Court Judge dismissed a frivolous lawsuit filed against internet publisher and webmaster Bill Carpenter, by his neighbor and self-proclaimed “chairman” of the Florence Lane Association, Mario Garcia, in a case styled as Mario Garcia vs. William Carpenter and John Does 1-25, Case No. SCV 11734, Superior Court of the State of California, County of Placer. In the suit, Garcia attempted to obtain an injunctive order to remove content relating to Garcia from Carpenter’s web site, www.hwy49access.com. The suit was dismissed after Carpenter filed a Special Motion to Strike pursuant to California Civil Code 425.16. Carpenter found out about the Special Motion procedure while researching the John Does Anonymous Foundation’s (“The Foundation”) web site at johndoes.org. Upon contacting the Foundation, Carpenter was referred to the Foundation’s Office for the Self-Represented, a volunteer unit of JDAF which assists defendants in representing themselves without benefit of an attorney in SLAPP actions.
After contacting OFSR volunteers for assistance, Carpenter was able to prepare his own legal defense in submitting his anti-SLAPP motion. The OFSR is funded entirely by The Foundation, and provides paralegal services to individuals, as well as maintaing a complete library of motions forms for use in jurisdictions across the United States for use in SLAPP related actions. The OFSR has assisted defendants in Florida, Virginia, New York, Pennsylvania, Arkansas, Massachusetts, Texas, Utah, New Mexico, Arizona, Oregon, and California.
Under the court’s ruling, the defendant Carpenter is now entitled to move the court to award his attorney fees, including enhanced fees, costs, and expenses from the plaintiff, Mario Garcia. Carpenter incurred attorney fees because he was represented by an attorney early in the case, prior to contacting The Foundation.
In a minute order dated January 15, 2002, the Hon. Larry D. Gaddis ruled: “ ...The Complaint falls squarely with the definition of a SLAPP suit under CCP 425.16 in that it involves speech in a public forum on an issue of pubic interest. Thus the burden shifts to Plaintiff to submit evidence showing he has a probable likelihood of success on his complaint. Plaintiff did not submit any evidence to support the allegations of his complaint and therefore failed to meet his burden. Defendant is awarded attorney fees and costs to be determined by a noticed motion as to the attorney fees and by a cost memo to be filed.”
CONTACT: John Does Anonymous Foundation, Office For the Self-Represented
Phone 503-224-5460 or email ofsr@johndoes.org
-- Jeff
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