Zent Law Group v. Loya
Filed 1/9/07 Zent Law Group v. Loya CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| ZENT LAW GROUP PC, et al., Plaintiffs and Respondents, v. DAVID LOYA, Defendant and Appellant. | H029136 (Santa Clara County Super. Ct. No. 104CV024183) |
Plaintiffs Zent Law Group PC (ZLG) and Monica Zent (Zent) filed a first amended complaint for damages and for an injunction. They stated causes of action against David Loya for libel, for intentional and negligent interference with prospective economic advantage and for invasion of privacy, based on an e-mail Loya sent to attorneys affiliated with ZLG informing them that Zent had been involved with a convicted murderer. Loya filed a special motion to strike the complaint as a Strategic Lawsuit Against Public Participation (SLAPP), within the meaning of Code of Civil Procedure section 425.16 (the anti-SLAPP statute).[1] The trial court denied the motion, finding that Loya had not established that his statements qualified for protection under either subdivision (e)(2) or subdivision (e)(4) of section 425.16. After conducting an independent review, we find that Loya's e-mail was protected speech under subdivision (e)(2), in that it was a â€