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New Cases of Interest - January 20, 2017
Medical Marijuana, Inc. v. ProjectCBD.com (2016) 5 Cal.App.5th 986. This is a SLAPP case. An action was brought for libel and false light against the publishers of an online article which then brought the SLAPP motion. The trial court denied the motion but the Court of Appeal affirmed and remanded holding that the allegations of protected activity, the first step of the anti-SLAPP analysis, was not met because the complaint did not allege conduct on the part of the publishers that would give rise to liability on the claims, but alleged only conduct by others in making statements elsewhere, without sufficiently alleging how those statements were connected to the information referenced in the article. One therefore didn't reach the second step of the analysis and therefore the plaintiff's claims were not subject to dismissal on the SLAPP motion, although other remedies might be available to address deficiencies in the pleading.
Goles v. Sawhney (2016) 5 Cal.App.5h 1014. This is a case which arises under the valuation provisions in the dissolution of a corporation in Corporations Code § 2000(c). The Court of Appeal indicated that a lack of control discount could not be used as part of that valuation process.