November 17, 2017

Summary of November 15, 2017 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on November 15, 2017. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

FilmOn.com v. DoubleVerify, S244157–Review Granted– November 15, 2017

An Internet-based entertainment media provider brought suit against an authentication company for falsely classifying the provider’s websites as “Copyright Infringement-File Sharing” and “Adult Content” in reports to online advertisers who later cancelled their advertising agreements with the media provider. In a published opinion, FilmOn.com v. DoubleVerify, Inc. (2017) 13 Cal.App.5th 707, the Court of Appeal, Second District, Division Three, held: (1)  the media provider’s lawsuit was based on the authentication company’s conduct in furtherance of its right of free speech, and (2) the authentication company’s reports concerned an issue of public interest. Thus, the media provider’s action was subject to an anti-SLAPP motion to strike.

The question presented is: In determining whether challenged activity furthers the exercise of constitutional free speech rights on a matter of public interest within the meaning of Code of Civil Procedure section 425.16, should a court take into consideration the commercial nature of that speech, including the identity of the speaker, the identity of the audience, and the intended purpose of the speech?

Review Denied (with dissenting justices)

None.

Depublished

None.

Leave a Reply