Close X

Recent Firm News

Sticks and Stones May Break My Bones…

Posted by Clapp Moroney Vucinich Beeman & Scheley | Jan 04, 2023 | 0 Comments

Chris Beeman and Ash Mohindru recently obtained a judgment in favor of the defense at the conclusion of a four week trial in Alameda County Superior Court. The case involved allegations of defamation and intentional interference with prospective economic advantage. Plaintiff was an HOA property management company and its owner, who alleged that statements made by the defendant damaged their reputations and caused the loss of a valuable contract. The statements were generally critiques of the property management company's work performance, and our defense was that the communications were constitutionally privileged and substantially true. Plaintiff asked the Court to award $5,000,000 in damages.

At trial, the operative cross-complaint was ultimately depleted by way of several consecutive, successful dispositive motions. On the eve of trial, it was discovered that the Property Manager's corporate status was suspended, and a motion to dismiss was granted as to that entity. The statute of limitations barred many of the alleged defamatory statements and a motion in limine on that issue was granted, which substantially narrowed the massive universe of potential, actionable statements.

Thereafter, trial commenced on the claims by the owner against the remaining defendant. At the close of the plaintiff's case in chief, two motions for judgment were filed and, ultimately, granted in favor of our client. The Court found that the statements were constitutionally privileged because they were regarding a matter of public interest and made without malice.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Clapp Moroney Vucinich Beeman + Scheley Is Here for You

At Clapp Moroney Vucinich Beeman + Scheley, we focus on Tort Litigation, Construction Law, Employment Law, Business and Commercial Law, Professional Liability Law, Environmental Law, and Insurance Law and we are here to listen to you and help you navigate the legal system.

Contact Us Today

Clapp Moroney Vucinich Beeman + Scheley is committed to answering your questions about Tort Litigation, Construction Law, Employment Law, Business and Commercial Law, Professional Liability Law, Environmental Law, and Insurance Law law issues in California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.