California Supreme Court Watch

Aug 10, 2020
#20-214 D’Arcy v. Schulte, S262532.

#20-214 D’Arcy v. Schulte, S262532. (G057203; nonpublished opinion; Orange County Superior Court; 30-2017-00916754.) Petition for review after the Court of Appeal affirmed an order denying a special motion to strike in a civil action. The court ordered briefing deferred pending decision in Geiser v. Kuhns, S262032 (#20-188), which presents following issue: How should it be determined what public issue or issue of public interest is implicated by speech within the meaning of the anti-SLAPP statute (Code of Civ. Proc., § 425.16, subd. (e)(4)) and the first step of the two-part test articulated in FilmOn.com Inc. v. DoubleVerify Inc. (2019) 7 Cal.5th 133, 149-150, and should deference be granted to a defendant’s framing of the public interest issue at this step?

Review granted; briefing deferred: 8/12/2020