(Download) "Paterno v. Superior Court of Orange County" by Colorado Supreme Court # Book PDF Kindle ePub Free
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.
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