L.G. v. M.B.

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Plaintiff L.G. is the former nanny for M.B. and M.B.'s ex-husband, S.B. L.G. filed suit against M.B. for defamation, invasion of privacy, and intentional infliction of emotional distress based upon statements that M.B. made about her in a declaration filed in support of M.B.'s request for a domestic violence restraining order in her dissolution action. On appeal, M.B. challenged the trial court's denial of her motion to dismiss under the anti-SLAPP statute.The Court of Appeal affirmed and held that the divorce proviso applied in this case. The court also held that M.B.'s success in obtaining two temporary restraining orders—one against S.B. in the dissolution action and one against L.G. in a separate civil harassment action—did not establish as a matter of law that there was "reasonable and probable cause" to believe that M.B.'s challenged statements about L.G. were true. Furthermore, the record did not contain sufficient information concerning the reasons for the two temporary restraining orders to permit a conclusion that the judges who granted those orders actually made any findings concerning the facts underlying the particular statements that L.G. challenged in this action. Finally, the court held that M.B.'s appeal was not frivolous or solely intended to cause unnecessary delay. Therefore, the court denied L.G.'s request for attorney fees. View "L.G. v. M.B." on Justia Law