California Supreme Court Watch

May 16, 2017
#17-147 Daniel v. Wayans, S240704. (B261814, B263950; 8 Cal.App.5th 367; Los Angeles County Superior Court; BC555610.)

#17-147 Daniel v. Wayans, S240704. (B261814, B263950; 8 Cal.App.5th 367; Los Angeles County Superior Court; BC555610.) Petition for review after the Court of Appeal affirmed an order granting a special motion to strike in a civil action. The court ordered briefing deferred pending decision in Park v. Board of Trustees of California State University, S229728 (#15-234), which presents the following issue: Does Code of Civil Procedure section 425.16 authorize a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an “official proceeding authorized by law” (subd. (e)) but does not seek relief against any participant in that proceeding based on his or her protected communications?

Review granted, briefing deferred: 5/10/2017

See California Court of Appeal opinion

7/12/17: In this case, in which briefing was previously deferred pending decision in Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, the court ordered briefing deferred pending decision in Wilson v. Cable News Network, Inc., S239686 (#17-83), which presents the following issue: In deciding whether an employee’s claims for discrimination, retaliation, wrongful termination, and defamation arise from protected activity for purposes of a special motion to strike (Code of Civ. Proc., § 425.16), what is the relevance of an allegation that the employer acted with a discriminatory or retaliatory motive?