Bailey v. SUPERIOR COURT, ETC.

OPINION

HOWARD, Judge.

Petitioner Bailey is the defendant in a defamation action brought by the real party in interest, Castillo. Petitioner’s motion for summary judgment was denied and she has brought this special action to challenge this ruling. We believe special action intervention is appropriate since the challenged ruling is erroneous as a matter of law, Safeway Stores, Inc. v. Maricopa County Superior Court, 19 Ariz.App. 210, 505 P.2d 1383 (1973), and we therefore accept jurisdiction.

The parties agree that there is no material factual issue. They disagree only as to whether petitioner…