Developments of Interest

New Cases of Interest - August 19, 2019

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Jenni Rivera Enterprises, LLC v. Latin World Entertainment Holdings, Inc. (2019) 36 Cal.App.5th 766.  This is a SLAPP case in which the trial court denies the SLAPP motion to strike and the court of appeal then affirms in part but also reverses in part and remands.  Claims against a television network were properly stricken based on content which was alleged to be in violation of a nondisclosure agreement because those claims involved first amendment protections which would give a complete defense to the allegations for breach of contract.  The court in that regard distinguished between the television network and the producers, concluding that the producers could be liable for breach of the nondisclosure agreement.

ValueRock TN Properties, LLC v. PK II Larwin Square SC LP (2019) 36 Cal.App. 5th 1037.  Another SLAPP case.  In this case the plaintiff sued the defendants for repeated refusal to consent to a proposed assignment of a ground lease for anchor space in a shopping center.  The defendants filed a SLAPP motion which the trial court denied and the appellate court affirmed.  In doing so the court concluded that the plaintiff’s claims were not based on conduct which was in the nature of a right of petition or free speech but instead related to the commercial activity of refusing to consent to a proposed lease assignment.  The defendants failed to make a threshold showing that the claims made by the plaintiff arose from activity which was protected under the SLAPP statute.

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