6th APPELLATE COURT REVERSES

6th APPELLATE COURT REVERSES

Pott v. Lazarin Anti-SLAPP Case: Reversed in Full Opinion of the 6th Appellate District Court of Appeal – Trial Court Judge Mary Arand

Appellant Michael Lazarin appeals from the superior court’s order denying his Code of Civil Procedure section 425.16 motion to strike a Civil Code section 3344.1 cause of action brought by respondents Lawrence and Sheila Pott (the Potts). Civil Code section 3344.1 prohibits certain unauthorized uses of the name or likeness of a “deceased personality.” The Potts alleged that Lazarin had used their deceased daughter Audrie’s name and likeness in Facebook posts and at a press conference. Lazarin contends that the Potts’ cause of action targeted his protected speech and that they could not show a probability of prevailing because his speech did not come within the ambit of that statute. We agree and reverse the superior court’s order.

6th APPELLATE COURT REVERSES

HERE IS THE COURTS RULING:


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4 Comments

  1. Finally justice for my daughter Audrie and my family

    1. Author

      I hope all is better for you and yours, hopefully you can put it behind you. You ever want to tell your story let me know.
      Best of luck to you.
      Marty

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