Carmelo v. Candelaria
Plaintiffs and defendants are members of two different groups seeking to lead a Native American tribe known as the Gabrielino-Tongva Tribe (Tribe). After defendants sent Tribe members a letter stating plaintiffs embezzled money from the Tribe and that a court had ordered plaintiffs to return this money, plaintiffs sued defendants for libel, alleging these statements were false and defamatory. Defendants responded by moving to strike the complaint under the anti-SLAPP statute. (Code Civ. Proc., 425.16.) The court denied the motion, finding that although defendants met their burden to show the complaint was governed by the anti SLAPP statute, plaintiffs established a probability they would prevail on their libel claim. Defendants appeal, contending the court erred in concluding there was a probability plaintiffs would prevail on their claim. Court reject this contention and affirm the order.
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