California Supreme And Appellate Court
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Injury and Tort Law
 

INJURY AND TORT LAW
Injury and Tort Law Law Case Summaries

■ Balzaga v. Fox News Network, LLC, No. D052743
 

The Fox News Network broadcast a four-minute story featuring an anti-illegal immigration activist, John Monti, who claimed he was attacked by several immigrants seeking work as day laborers.  During the broadcast, Monti described the attack and showed a poster of photographs he had taken of his alleged attackers.  Monti also complained that the police were not taking the matter seriously and discussed the larger problems associated with illegal immigrants living in outdoor "migrant camps."  During the entire story, the caption "MANHUNT AT THE BORDER" was displayed at the bottom of the television screen. 

            Seven of the individuals whose photographs were shown on the poster (plaintiffs[1]) filed a complaint against Fox News Network, LLC (Fox News) alleging a defamation cause of action.[2]  Fox News moved to strike the complaint under California's anti-SLAPP law.[3]  Plaintiffs conceded their claim was governed by the anti-SLAPP statute, but argued the motion should be denied because there was a probability they would prevail on their defamation claim.  After considering the parties' submissions and arguments, the court found plaintiffs did not meet their burden to show a probability of prevailing on their claim, and granted the motion.  Plaintiffs appeal.  We affirm.

            Plaintiffs' defamation action against Fox News is predicated on their claim that the "MANHUNT AT THE BORDER" caption falsely suggested that law enforcement was conducting a search for plaintiffs.  We conclude that, when considered in context of the entire telecast, the caption was not reasonably susceptible to this meaning.  Thus, plaintiffs did not meet their burden to establish a probability of prevailing on their defamation claim, and the court properly granted defendant's anti-SLAPP motion.

■ HELD:

In a defamation action, trial court's grant of defendant's motion to strike plaintiff's complaint under California's anti-SLAPP law is affirmed where plaintiffs did not meet their burden of establishing a probability of prevailing on their defamation claim as no reasonable viewer could have reasonably understood the statement made by defendant to have the false and defamatory meaning attributed to it by plaintiffs.
Balzaga v. Fox News Network -D052743- 5/14/09 CA4/1
Balzaga v. Fox News Network -D052743- 5/14/09 CA4/1-PDF

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