Legal Opinion

Kimoanh Nguyen-Lam v. Sinh Cuong Cao

California Court of Appeal

Decided February 26, 2009No. G039206PublishedCited by 27 opinions

1Opinion of the Court

Opinion

ARONSON, J.

Defendant Sinh Cuong Cao appeals from the trial court’s order following a hearing on his strike motion under the anti-SLAPP statute, Code of Civil Procedure section 425.16 (all further unlabeled section references are to this code). Concluding the evidence submitted by the parties for the hearing demonstrated a probability plaintiff Kimoanh Nguyen-Lam would prevail in establishing defendant slandered her with actual malice, the trial court authorized plaintiff to amend her complaint to plead actual malice. Plaintiff claimed that but for defendant’s false accusation in a…

2Cases cited20 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by27 opinions

  1. Barry v. State Bar of Cal.California Supreme Court · 2017
  2. Hecimovich v. Encinal School Parent Teacher OrganizationCalifornia Court of Appeal · 2012
  3. PrediWave Corp. v. Simpson Thacher & Bartlett LLPCalifornia Court of Appeal · 2009
  4. Martin v. Inland Empire Utilities AgencyCalifornia Court of Appeal · 2011
  5. People ex rel. Strathmann v. Acacia Research Corp.California Court of Appeal · 2012

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