Rahbar v. Batoon
Plaintiff and appellant Gelareh Rahbar, DDS., appeals from an order by the trial court granting defendant and respondent Jennifer Batoon’s special motion to strike the complaint pursuant to section 425.16 of the Code of Civil Procedure (anti-SLAPP motion).[1] We affirm.
Facts and Procedural Background
Rahbar is a dentist who provided a course of dental treatment to Batoon. Subsequently, Batoon wrote a negative review about the treatment provided by Rahbar on an Internet consumer Web site called “Yelp.†This appeal involves the third legal proceeding Rahbar has brought against Batoon arising from her negative Yelp review of Rahbar’s dental services.
In September 2009, Rahbar sued Batoon for defamation and invasion of privacy based on the Yelp review, as well as breach of contract based on an alleged outstanding balance for dental services provided (complaint #1). Batoon filed an anti-SLAPP motion. The court granted the motion and denied reconsideration. In July 2010, the court entered judgment in favor of Batoon in the amount $43,035 in attorney fees for prevailing on the anti-SLAPP motion, offset by $454 in settlement of the contract claim. Rahbar did not appeal. (Rahbar v. Batoon (Oct. 16, 2012, A132294) [nonpub. opn.].) [2]
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