California Supreme Court Watch

#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

Transferred to CA 4/3 after hold: 12/21/2022

The above-captioned matter is transferred to the Court of Appeal, Fourth Appellate District, Division Three, with directions to vacate its decision and reconsider the cause in light of Geiser v. Kuhns (2022) 13 Cal.5th 1238. (Cal. Rules of Court, rule 8.528(d).)