[Download] "Paterno v. Superior Court of Orange County" by Colorado Supreme Court ~ Book PDF Kindle ePub Free

April 26, 2021

eBook details

Title: Paterno v. Superior Court of Orange County
Author : Colorado Supreme Court
Release Date : January 13, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 89 KB

Description

Here we consider whether a plaintiff in a defamation action subject to the constitutional malice standard established the requisite "good cause" (Code Civ. Proc., 425.16, subd. (g)) to conduct discovery, thereby delaying resolution of the defendants pending anti-SLAPP motion. We conclude that where, as here, the plaintiff fails to demonstrate the allegedly defamatory statements are provably false factual assertions - which the plaintiff must do to establish the necessary probability of prevailing on its defamation claim - no good cause exists to conduct discovery concerning actual malice. We therefore grant the writ petition, and direct the trial court to vacate its discovery order and enter a new order denying plaintiffs discovery motion.