OLG PREVAILS ON ANTI-SLAPP MOTION CHALLENGING DEFAMATION CLAIM

In a highly litigious case, Olson Law Group prevailed on an anti-SLAPP Motion. The case initially arose from an alleged sexual assault against Plaintiff in the staff-only restroom of the building where her employer leased office space. The building is owned and managed by a nonprofit that provides free office space to other nonprofit organizations, some of which catered to homeless populations. OLG’s client was a security company contracted to provide an unarmed security guard at the building. Plaintiff alleges that, during her assault, our client’s security guard walked by the bathroom but ignored Plaintiff’s pleas for helps. The alleged homeless assailant was later arrested.

Several weeks after the alleged incident, our client’s security guard overheard a discussion between other homeless people stating that Plaintiff was known for exchanging sex for drugs with homeless men. The security guard memorialized the overheard conversation in an incident report submitted to the property owner-manager who remitted the report to police. The guard’s report was produced in discovery, leading Plaintiff to seek and obtain leave to file an amended complaint alleging defamation against OLG’s client.

OLG filed an anti-SLAPP Motion on the grounds that the security guard’s report was a statement made in connection with an official proceeding (which includes statements made in connection with ongoing or anticipated police investigations). OLG also argued that the report was protected by absolute litigation privilege and qualified common interest privilege. The Court agreed with OLG on all points. At the hearing, the judge stated repeatedly that this was “not even a close case.”

Sherri Matta wrote and argued the motion in trial court.