Abuemeira v. Stephens
Abuemeira v. Stephens
Opinion
*1294 The parties in this case are neighbors. Appellants ignored Rodney King's famous entreaty. Instead of getting along, they initiated events resulting in a brawl with respondents. Appellants videotaped and distributed the video-recording to news agencies and various members of the public. Respondents sued, alleging numerous causes of action stemming from the altercation. Appellants responded with a motion to strike, challenging two causes of action as a strategic lawsuit against public participation ("SLAPP"). (Code Civ. Proc., § 425.16.) 1
A video-recording of an unseemly private brawl, no matter how wide its distribution, is far removed from a citizen's constitutional right of petition or free speech involving a public issue.
John F. Stephens and Razmik B. Ekmekdjian appeal an order denying a motion to strike two causes of action in a second amended complaint for damages filed by Yasser and Daria Abuemeira. The trial court properly denied the motion to strike. We affirm.
FACTUAL AND PROCEDURAL HISTORY 2
Stephens, Ekmekdjian, and Yasser and Daria Abuemeira are neighbors in a gated community in Bell Canyon. 3 On July 15, 2012, Stephens, Ekmekdjian, and Yasser engaged in a physical altercation on the roadside of Bell Canyon Road, within the community. Yasser had been driving a motorcycle and Stephens and Ekmekdjian had been driving a passenger sedan. Daria, Yasser's wife, and their two young children were in a nearby park; Daria observed some of the events. Stephens used his cellular telephone to record part of the incident, including profanities and derisive words uttered by the participants. Eventually, a passerby stopped and separated the combatants. Sheriff's deputies soon arrived and arrested Yasser and Ekmekdjian. Yasser claimed physical injuries and received treatment at a local hospital. Upon this much, the parties agree.
Criminal Prosecution of Yasser Abuemeira
The district attorney filed charges against Yasser, but later filed a motion to dismiss the charges. By written motion, the prosecutor explained that it is *1295 unclear who the initial aggressor was in the incident; the video-recording reflects that Stephens and Ekmekdjian appear "hostile and agitated," thereby suggesting provocation; no independent witness corroborates the version of events described by Stephens and Ekmekdjian; and, circumstantial evidence supports Yasser's account of the incident. The prosecutor stated that Stephens appeared agitated and angry from the inception, pointed his finger at Yasser and stated that Yasser should "go fuck [himself]." The prosecutor added that Yasser "rushed" Stephens after Stephens refused to cease video-recording Yasser's children. Finally, the prosecutor described a conversation between Stephens and Ekmekdjian overheard in the courthouse hallway discussing "run [ning]" *440 Yasser "off the road." The trial court granted the prosecutor's motion to dismiss in the interests of justice. (Pen.Code, § 1385, subd. (a).)
The Abuemeiras filed a second amended complaint for damages, alleging eight causes of action regarding Yasser's "detention" by Stephens and Ekmekdjian, the ensuing verbal argument, the physical altercation, and later acts of defamation. The Abuemeiras allege that Stephens and Ekmekdjian edited the video-recording of the incident and then published it to third parties, including attendees at homeowner association meetings and to a television news reporter. In those forums, Stephens and Ekmekdjian described the incident as a "hate crime" against homosexuals.
Stephens and Ekmekdjian filed a special motion to strike the second and fourth causes of action of the second amended complaint, pursuant to the anti-SLAPP law. (§ 425.16.) These two causes of action were based on allegations of intentional infliction of emotional distress and defamation. In the motion, Stephens and Ekmekdjian characterized the roadside skirmish as "a hate crime against a homosexual couple." Following the filing of the Abuemeiras' complaint, Stephens and Ekmekdjian displayed the video-recording to family, friends, law enforcement, and news agencies, and created an on-line petition demanding that the California Attorney General investigate the incident. Stephens and Ekmekdjian asserted that the two causes of action were also precluded by the litigation privilege of Civil Code section 47, subdivision (b).
Stephens and Ekmekdjian submitted declarations in support of their anti-SLAPP motion. They stated that on July 15, 2012, they saw Yasser speeding on his motorcycle and followed him to obtain his license-plate number. Yasser stopped the motorcycle and gestured for them to approach. Yasser then "lunged" at Ekmekdjian who "shoved" Yasser in response. "[I]n rage," Yasser called the two men "faggots" and "cocksuckers." Yasser then "jumped" Stephens, struck him, and demanded that he cease recording the incident. When Ekmekdjian intervened, Yasser struck him too. Eventually, a passerby separated the combatants. Although sheriff's deputies arrested Yasser and Ekmekdjian, prosecution ensued only against Yasser.
*1296 Not surprisingly, Yasser described the encounter differently. He stated that he gestured for Stephens and Ekmekdjian to drive past him, but instead, they forced him off the roadway and blocked his passage. When Stephens left his vehicle, he began filming the encounter with his cellular telephone. He "forced [the] phone into [Yasser's] face," and stated, "Say hello to the world." Stephens and Ekmekdjian yelled and made accusations and then Ekmekdjian shoved Yasser. Stephens later filmed Daria and the two children, despite Yasser's pleas not to do so. Stephens stated: "I can do whatever the fuck I want. I'm a super lawyer-do something about it." A physical altercation then ensued. During the fight, Stephens and Ekmekdjian referred to Daria as a "bitch," and a "cunt," and to Yasser as a "nigger" and an "animal." They also suggested or implied that Yasser was "a terrorist." Yasser was thrown to the ground and punched and kicked in the head. Daria and her infant received some bruises and scratches when they attempted to rescue Yasser.
In response to the anti-SLAPP motion, Yasser stated that Stephens and Ekmekdjian were "self-appointed traffic bullies who seemed to be looking to pick a fight." Yasser declared that he had never met Stephens or Ekmekdjian before the incident *441 and was unaware of their sexual orientations.
Yasser also declared that the video-recording of the incident is incomplete, the participants' statements are "muffled," and the recording appears to have been edited. Yasser presented a written expert opinion that the recording reflects a GPS coordinate of an address in West Hills, suggesting that the recording had been edited at that address, after filming. 4
The trial court denied the anti-SLAPP motion. In a written ruling, the trial judge stated: "The statements in question do not come within the litigation privilege. This case involves a dispute between private persons. The efforts of the defendants to publicize it do not transform it into an issue of public interest."
Stephens and Ekmekdjian appeal and contend that the trial court erred by denying the anti-SLAPP motion because their communications regarding a hate crime are matters of public interest that also fall within the litigation privilege.
I.
Stephens argues that the Abuemeiras' second and fourth causes of action rest upon protected activity pursuant to section 425.16, subdivisions (e)(3) ( ["any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest"] and (e)(4) ["any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest"].) He asserts that his communications to friends, family members, and the general public are acts involving the constitutional right of free speech regarding an issue of public interest.
Section 425.16, subdivision (b)(1) provides that a cause of action "arising from" a defendant's act in furtherance of a constitutionally protected right of free speech shall be struck unless the plaintiff establishes a probability that he will prevail on his claim. (
Fahlen v. Sutter Central Valley Hospitals
(2014)
The analysis of an anti-SLAPP motion pursuant to section 425.16 is two-fold.
*442
(
Talega Maintenance Corp. v. Standard Pacific Corp.
(2014)
We independently review the trial court's determination of each step of the analysis. (
Flatley v. Mauro
(2006)
The trial court properly denied the anti-SLAPP motion because Stephens's conduct did not involve an act in furtherance of his constitutional right of petition or free speech in connection with a public issue. (§ 425.16, subd. (b)(1) ;
Lefebvre v. Lefebvre
(2011)
Moreover, Stephens did not present any evidence to establish that the Abuemeiras were anyone other than "private, anonymous" parties or that the dispute was anything other than a private controversy. (
Weinberg v. Feisel, supra,
*1299 II.
Pointing out that the defamation allegations rest upon communications made after the Abuemeiras filed their initial complaint, Stephens asserts that the communications are protected by the litigation privilege of Civil Code section 47, subdivision (b) and judicial interpretations thereof. Stephens relies upon
Kenne v. Stennis, supra,
The litigation privilege of Civil Code section 47 pertains to any communication 1) made in judicial or quasi-judicial proceedings; 2) by litigants or other participants authorized by law; 3) to achieve the objects of the litigation; and 4) that have some connection or logical relation to the action. (
GetFugu, Inc. v. Patton Boggs LLP
(2013)
The litigation privilege does not protect Stephens because he has not established that the speech recipients are connected with the litigation or that his communications achieve any objective of the litigation. "A party's legitimate objectives
in
the litigation are limited to the remedies which can be awarded by courts.... [A] defendant's 'objects' are to resist a determination of liability and whatever assessment of damages, penalty or other order that the plaintiff seeks." (
Rothman v. Jackson, supra,
The order is affirmed. The Abuemeiras shall recover costs on appeal.
We concur:
YEGAN, J.
PERREN, J.
All further statutory references are to the Code of Civil Procedure unless stated otherwise.
Unfortunately, this opinion contains an abundance of obscene language. Reader discretion advised; unsuitable for precocious children of reading age.
As the context demands, we shall refer to Yasser and Daria Abuemeira by their first names not from disrespect but to ease the reader's task.
The Abuemeiras have provided a copy of the video-recording in their respondents' appendix. We have viewed it.
Hereafter, we shall refer to Stephens and Ekmekdjian collectively as "Stephens" except where clarity demands that we draw a distinction.
Reference
- Full Case Name
- Yasser ABUEMEIRA Et Al., Plaintiffs and Respondents, v. John F. STEPHENS Et Al., Defendants and Appellants.
- Cited By
- 16 cases
- Status
- Published