Tendler v. www.jewishsurvivors.blogspot.com
Appellant Mordecai Tendler obtained a pre-filing discovery order in Ohio to aid in his effort to learn the identities of the anonymous individuals who had posted statements about him on the Internet that he believed were defamatory. Respondents, who we will refer to as the Does, are the anonymous individuals who posted those statements. When Google, the subject of Tendlers discovery order, refused to comply with Ohio subpoenas, Tendler filed a request for subpoenas in Santa Clara County Superior Court premised on the Ohio discovery order. The Does filed a motion to quash and a Code of Civil Procedure section[1] 425.16 motion to strike. Although Tendler withdrew his request for subpoenas, the Does proceeded on their section 425.16 motion to strike. The superior court granted the Does section 425.16 motion to strike, and awarded them their attorneys fees. On appeal, Court conclude that a request for subpoenas does not fall within section 425.16, and therefore the superior court erred in granting the motion and in awarding attorneys fees.
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