Peters & Freedman LLP v. McMahon, No. 05CC11632 (Cal. Super., Orange County filed 2005); Pratt v. McMahon, No. 06CC01968 (Cal. Super., Orange County filed 2006).

Status: Denial of defense motion to strike suit under anti-SLAPP statute affirmed, No. G038236, 2007 WL 3151681 (Cal.App. 4 Dist. Oct 30, 2007), reh’g granted (Nov 29, 2007), aff’d on reh’g, 2008 WL 391190 (Cal.App. 4th Dist. Feb. 14, 2008)

Defendants Arnold and Elizabeth McMahon maintain a web site, the American Homeowners Resource Center (www.ahrc.com), with the stated goal of “help[ing] citizens in homeowner associations to take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them.” Peters & Freedman, a law firm in Encinitas and Palm Desert, Cal. that specializes in homeowners’ association law, sued for libel over comments that the McMahons posted to their site; former Peters & Freedman attorney Jeffrey R. Pratt subsequently filed his own suit The McMahons filed a motion to strike both lawsuits under California’s anti-SLAPP statute. The district court denied the motion in both cases, and an appellate court affirmed, holding that the comments about Peters & Freedman “do not concern a public issue.”

Links and Court Documents:

http://www.metnews.com/articles/2007/pete103107.htm

Appellate decision: http://www.courtinfo.ca.gov/opinions/nonpub/G037871.PDF