Metoyer v. Screen Actors Guild

Filed 5/23/06  Metoyer v. Screen Actors Guild CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

            APPEAL from the orders of the Superior Court of Los Angeles County.  David  L.  Minning, Judge.  Affirmed.

            Law Offices of Hadsell & Stormer, Inc., Dan Stormer, Anne Richardson, Fernando Gaytan; Hicks & Hicks, Rick Hicks and Eugenis Hicks for Plaintiff and Appellant.

            O'Melveny & Myers, Eric J. Amdursky and Ryan W. Rutledge for Defendants and Respondents.

___________________________________

            After three tumultuous years as head of the affirmative action department of the Screen Actors' Guild (SAG or the Guild), plaintiff and appellant Patricia Heisser Metoyer was suspended and eventually terminated from employment when an independent audit concluded there were irregularities in projects administered by Metoyer.  The audit and Metoyer's suspension and termination were the subject of articles in the Hollywood Reporter.  Metoyer's defamation action, based upon the content of the Hollywood Reporter articles against defendants and respondents SAG, Leonard Chassman, and John McGuire, was dismissed when the trial court granted defendants' motion pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute).^[1]

            Metoyer challenges the trial court's order granting the anti-SLAPP motion, arguing the motion was untimely as a matter of law, defendants did not establish that the defamation action was a SLAPP suit, and Metoyer made an adequate showing of a probability of success to overcome the motion.  Metoyer also appeals from the order granting attorney fees in favor of defendants, arguing that the attorney fees award should be reversed because the anti-SLAPP motion should have been denied.  We hold the motion was timely, Metoyer's defamation action was a SLAPP suit, and Metoyer did not establish a probability of success at trial because the allegedly defamatory statements were true.  Accordingly, the order granting the anti-SLAPP motion and the order granting attorney fees are affirmed.

Procedural History

            Metoyer filed a complaint against defendants on April 6, 2001, alleging causes of action for wrongful termination of employment and defamation.  On December 11, 2001, Metoyer filed a first amended complaint, alleging nine causes of action, including defamation, which is the only cause of action subject to this appeal.  Defendants' motion for summary adjudication and summary judgment was denied.

            Defendants filed a motion for judgment on the pleadings on July 15, 2003, which was granted.  With leave of the trial court, Metoyer filed a second amended complaint on October 24, 2002, again alleging defamation as one of nine causes of action.  The entire action on the second amended complaint was removed to federal court on November 20, 2004.  Ultimately, the federal court dismissed all causes of action except for defamation, which was remanded to state court on May 26, 2004.

            Metoyer gave notice that the defamation action had been remanded to the state court on June 24, 2004.  On August 4, 2004, defendants filed a special motion to strike the remaining cause of action for defamation in Metoyer's second amended complaint pursuant to section 425.16.  The trial court granted defendants' anti-SLAPP motion and later ordered attorney fees in favor of defendants in the amount of $20,000 pursuant to section  425.16, subdivision (c).  Metoyer has filed a timely appeal from both orders.

Allegations in the Defamation Cause of Action in the Second Amended Complaint

            Metoyer, an African-American female, worked as SAG's Affirmative Action Executive Administrator from May 27, 1998, through May 23, 2001.  She was hired by Chassman, the Hollywood Executive Director for SAG.  McGuire was the Associate National Executive Director of SAG.  SAG has two components--its union members and a staff that does not belong to the union.  Metoyer administered a variety of affirmative action grants, funded by SAG and the Industry Advancement and Cooperative Fund (IACF).

            Metoyer became disgruntled with SAG's affirmative action policies, concluding that she was only a â€