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David V Beckham v. Bauer Publishing Company L P et al

MEMORANDUM in Opposition to MOTION to Strike Complaint 12

34 Cited authorities

  1. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,909 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  2. Harte-Hanks Communications v. Connaughton

    491 U.S. 657 (1989)   Cited 909 times   4 Legal Analyses
    Holding that the standard for "reckless disregard" for the truth in a defamation action by a public figure "is a subjective one," requiring that "the defendant in fact entertained serious doubts as to the truth of his publication," or that "the defendant actually had a high degree of awareness of . . . probable falsity"

  3. St. Amant v. Thompson

    390 U.S. 727 (1968)   Cited 1,769 times   2 Legal Analyses
    Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"

  4. Navellier v. Sletten

    29 Cal.4th 82 (Cal. 2002)   Cited 1,919 times   2 Legal Analyses
    Holding a claim for relief filed in federal district court is protected activity

  5. Time, Inc. v. Firestone

    424 U.S. 448 (1976)   Cited 496 times
    Holding ex-wife of heir to tire manufacturing fortune not public figure, even though her divorce was publicized

  6. HMS Capital Inc. v. Lawyers Title Co.

    118 Cal.App.4th 204 (Cal. Ct. App. 2004)   Cited 371 times   1 Legal Analyses
    Holding plaintiff made prima facie showing in opposing anti-SLAPP motion through circumstantial evidence establishing malice element of malicious prosecution claim

  7. Hilton v. Hallmark Cards

    580 F.3d 874 (9th Cir. 2009)   Cited 235 times   4 Legal Analyses
    Holding that pendent jurisdiction is unavailable over a motion to dismiss under Federal Rule 12(b) in an appeal from a denial of a motion to strike under an anti-SLAPP statute

  8. Davidson v. City of Westminster

    32 Cal.3d 197 (Cal. 1982)   Cited 522 times   1 Legal Analyses
    Finding officers not liable for the plaintiff's injury because the plaintiff alleged the officers merely failed to act timely rather than any affirmative misconduct on the part of the officers

  9. Weinberg v. Feisel

    110 Cal.App.4th 1122 (Cal. Ct. App. 2003)   Cited 260 times
    Holding that statements by defendant who published advertisement in token collecting newsletter circulated to 700 members that plaintiff had stolen valuable item from defendant did not involve matter of public interest

  10. Overstock.com, Inc. v. Gradient Analytics, Inc.

    151 Cal.App.4th 688 (Cal. Ct. App. 2007)   Cited 212 times   2 Legal Analyses
    Finding standing under section 17204 where plaintiff had plead that defendant's unfair business practices — intentional dissemination of false negative reports — had "resulted] in diminution in value of [plaintiffs] assets and decline in its market capitalization and other vested interests"

  11. Section 425.16 - California anti-SLAPP law

    Cal. Code Civ. Proc. § 425.16   Cited 2,829 times   110 Legal Analyses
    Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees

  12. Section 45 - Libel defined

    Cal. Civ. Code § 45   Cited 639 times   1 Legal Analyses
    Defining libel

  13. Section 46 - Slander defined

    Cal. Civ. Code § 46   Cited 460 times
    Defining slander

  14. Section 45a - Libel on its face

    Cal. Civ. Code § 45a   Cited 187 times
    Addressing libel on its face