Articles Posted in California Courts of Appeal

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Between 1996-1999, Skulason was convicted of three misdemeanors involving the operation of a vehicle. In 2000, she applied for a real estate salesperson’s license. The Bureau of Real Estate initiated an administrative proceeding by filing a statement listing Skulason’s three convictions and alleging that they “constitute[d] cause for denial of [Skulason’s] application,” Gov. Code, 11504. The proceeding settled in 2004. Skulason admitted the allegations; the Board agreed to issue a restricted license. The settlement did not require the parties to maintain its confidentiality. In 2010, Skulason obtained an unrestricted license. Three years later, she obtained court dismissals of her three misdemeanor convictions. The Bureau maintains a public website that contains information about real estate licensees, including Skulason. It identifies her license number, its unrestricted status, the dates of issuance and expiration, and actions the Bureau has taken involving her license. Under the heading “Disciplinary or Formal Action Documents,” is a link to the case number of the administrative proceeding that resulted in Skulason’s 2004 restricted license. The court of appeal reversed an order that the Bureau remove the information. The Board has no mandatory duty to remove from its website publicly available information about a licensee’s convictions, including convictions that are eventually dismissed under Penal Code sections 1203.4 and 1203.4a. View "Skulason v. California Bureau of Real Estate" on Justia Law

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Between 1996-1999, Skulason was convicted of three misdemeanors involving the operation of a vehicle. In 2000, she applied for a real estate salesperson’s license. The Bureau of Real Estate initiated an administrative proceeding by filing a statement listing Skulason’s three convictions and alleging that they “constitute[d] cause for denial of [Skulason’s] application,” Gov. Code, 11504. The proceeding settled in 2004. Skulason admitted the allegations; the Board agreed to issue a restricted license. The settlement did not require the parties to maintain its confidentiality. In 2010, Skulason obtained an unrestricted license. Three years later, she obtained court dismissals of her three misdemeanor convictions. The Bureau maintains a public website that contains information about real estate licensees, including Skulason. It identifies her license number, its unrestricted status, the dates of issuance and expiration, and actions the Bureau has taken involving her license. Under the heading “Disciplinary or Formal Action Documents,” is a link to the case number of the administrative proceeding that resulted in Skulason’s 2004 restricted license. The court of appeal reversed an order that the Bureau remove the information. The Board has no mandatory duty to remove from its website publicly available information about a licensee’s convictions, including convictions that are eventually dismissed under Penal Code sections 1203.4 and 1203.4a. View "Skulason v. California Bureau of Real Estate" on Justia Law

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Plaintiffs are Cross, also known as Mikel Knight, a country rap artist, and his businesses. Two vans, carrying independent contractors promoting Knight’s music, were involved in accidents that resulted in two deaths. “Families Against Mikel Knight,” apparently created by relatives of the accident victims, posted a Facebook page, which, plaintiffs claimed, incited violence and generated death threats against Knight. Plaintiffs sought to have the page removed. Facebook refused. Facebook filed a special motion to dismiss Plaintiffs’ subsequent suit, which alleged breach of written contract; negligent misrepresentation; negligent interference with prospective economic relations; breach of Civil Code section 3344; violation of common law right of publicity; and unlawful and unfair business practices. The trial court held that the complaint was based on protected activity, that plaintiffs could not prevail on the first three causes of action, and granted the anti-SLAPP (Strategic Lawsuit Against Public Participation, Code of Civil Procedure 425.16) motion as to them but denied the motion as to the three other causes of action. The court of appeal ruled in favor of Facebook and ordered that the complaint be stricken, noting that Facebook derived no benefit from any use of Knight’s name or likeness. View "Cross v. Facebook, Inc." on Justia Law

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FilmOn filed suit against DoubleVerify for trade libel, slander, and other business-related torts, alleging DoubleVerify falsely classified FilmOn's websites under the categories "Copyright Infringement-File Sharing" and "Adult Content" in confidential reports to certain clients that subsequently cancelled advertising agreements with FilmOn. The Court of Appeal affirmed the trial court's grant of DoubleVerify's motion to strike pursuant to the anti-SLAPP statute. The court held that the trial court properly found DoubleVerify engaged in conduct in furtherance of its constitutional right of free speech in connection with an issue of public interest. View "FilmOn.com v. DoubleVerify, Inc." on Justia Law

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ZL provides email archiving, eDiscovery, and compliance support to businesses nationwide. Glassdoor operates a website on which people may anonymously express opinions regarding employers. Individuals representing themselves as current or former ZL employees posted anonymous reviews on Glassdoor‘s website criticizing ZL‘s management and work environment. ZL filed a complaint against those individuals, naming them as Doe defendants and alleging libel per se (Civil Code 45) and online impersonation (Penal Code 528.5) to the extent any of them was not a ZL employee. ZL served a subpoena on Glassdoor, requesting identification and contact information for defendants. Glassdoor objected, arguing: violation of the First Amendment and California Constitution privacy rights; the posted statements were “protected opinion, patently hyperbolic, not harmful to reputation,” or uncontested statements of fact; Glassdoor‘s reputation would be harmed by disclosure; and, ZL was obligated to make a prima facie showing the statements were libelous before it could compel disclosure. The court denied ZL’s motion to compel. More than a year later, the court dismissed the action because of ZL‘s failure to serve the defendants. The court of appeal reversed. While an author‘s decision to remain anonymous is protected by the Constitution, a reasonable fact finder could conclude all of the reviews contained statements that declared or implied provably false assertions of fact, providing a legally sufficient basis for a defamation cause of action. View "ZL Technologies v. Doe" on Justia Law