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A.F. Brown Electrical Contractor

By Colorado Supreme Court

Release : 2006-02-21

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
Defendants Rhino Electric Supply, Inc., and Tom Bentele appeal the trial courts denial of their special motion to strike brought under the anti-SLAPP statute (Code Civ. Proc., 425.16). Defendants contend their filing of a stop notice and other debt collection efforts constituted acts "in furtherance of the persons right of petition or free speech under the United States or California Constitution in connection with a public issue," (425.16) and were absolutely privileged under the litigation privilege of Civil Code section 47, subdivision (b). Defendants also contend plaintiff A.F. Brown Electrical Contractor, Inc., (Brown) failed to demonstrate a probability of success because its evidence of damage is based solely on hearsay statements. Accordingly, the defendants contend the trial court erred by not striking Browns lawsuit for libel, slander, and unfair business practices.

A.F. Brown Electrical Contractor

By Colorado Supreme Court

Release : 2006-02-21

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
Defendants Rhino Electric Supply, Inc., and Tom Bentele appeal the trial courts denial of their special motion to strike brought under the anti-SLAPP statute (Code Civ. Proc., 425.16). Defendants contend their filing of a stop notice and other debt collection efforts constituted acts "in furtherance of the persons right of petition or free speech under the United States or California Constitution in connection with a public issue," (425.16) and were absolutely privileged under the litigation privilege of Civil Code section 47, subdivision (b). Defendants also contend plaintiff A.F. Brown Electrical Contractor, Inc., (Brown) failed to demonstrate a probability of success because its evidence of damage is based solely on hearsay statements. Accordingly, the defendants contend the trial court erred by not striking Browns lawsuit for libel, slander, and unfair business practices.

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