Malcolm v. Doe
Plaintiffs Iain Malcolm, David Potts, Anne Walsh, and Rick O’Farrell sued unnamed Doe defendants for libel, invasion of privacy, and infliction of emotional distress arising from anonymous blog entries posted on Internet sites hosted by a California company. These sites were accessible from England where the plaintiffs reside. Plaintiffs conducted third party discovery to learn if Ahmed Khan, a political rival of plaintiffs, was the author of the entries. Khan, who was not named in or served with the complaint, filed a special motion to strike the complaint under Code of Civil Procedure section 425.16.[1] [2] The trial court denied the motion, found it was frivolous, and awarded attorney fees and costs to plaintiffs. Khan appeals the ensuing order. We affirm.
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