California Supreme Court Watch

Aug 24, 2017
#17-259 San Diegans for Open Government v. San Diego State University Research Foundation, S242529. (D069189; 13 Cal.App.5th 76; San Diego County Superior Court; 37-2015-00011951-CU-MC-CTL.)

#17-259 San Diegans for Open Government v. San Diego State University Research Foundation, S242529. (D069189; 13 Cal.App.5th 76; San Diego County Superior Court; 37-2015-00011951-CU-MC-CTL.) 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 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?

Review granted / briefing deferred: 08/16/2017

See the California Court of Appeal opinion.