Hauser v. Nelson
Plaintiff and appellant Phil Hauser, appearing in propria persona as he did in the trial court, appeals the order granting under Code of Civil Procedure section 425.16[1] the anti-SLAPP motion of 89-year-old defendant and respondent Beatrice Nelson[2] to strike his verified complaint asserting two defamation claims against Nelson. The court ruled Nelson satisfied her burden under subdivision (b)(1) of section 425.16 to make a prima facie showing her speech that gave rise to Hauser's claims was protected under subdivision (e)(3) of section 425.16 as a written or oral statement made in a public forum in connection with an issue of public interest. The court also ruled Hauser could not satisfy his burden under subdivision (b)(1) of section 425.16 to establish a probability of success on his claims.
As we explain, we independently conclude the trial court properly granted Nelson's anti-SLAPP motion.
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