California Supreme Court Watch

Mar 07, 2017
#17-83 Wilson v. Cable News Network, Inc., S239686. (B264944; 6 Cal.App.5th 822; Los Angeles County Superior Court; BC559720

#17-83 Wilson v. Cable News Network, Inc., S239686. (B264944; 6 Cal.App.5th 822; Los Angeles County Superior Court; BC559720.) Petition for review after the Court of Appeal reversed 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: 3/1/2017

See the California Court of Appeal opinion.

7/12/17: The court directed briefing 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. This case 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?