339 F. Supp. 3d 915
C.D. Cal.2018Background
- Stephanie Clifford (Stormy Daniels) sued Donald J. Trump for defamation over a single April 18, 2018 tweet responding to her release of a sketch of a person who supposedly threatened her in 2011.
- The tweet read: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" Plaintiff alleged the tweet falsely accused her of lying and was defamatory per se, and that Trump acted with actual malice or reckless disregard.
- The Southern District of New York transferred the diversity action to the Central District of California on the parties’ joint stipulation; Texas law (the Texas Citizens Participation Act, TCPA) was applied under New York choice-of-law rules because Clifford is domiciled in Texas.
- Trump moved to dismiss/strike under the TCPA (anti‑SLAPP), arguing the tweet was protected opinion/rhetorical hyperbole, plaintiff failed to plead damages, and failed to plead actual malice; the court treated the motion as Rule 12(b)(6)-analogous.
- The court found the TCPA applicable, permitted the belated filing of the TCPA motion for good cause (transfer history), and granted the special motion because the tweet was nonactionable rhetorical hyperbole protected by the First Amendment.
- The court denied leave to amend as futile and held Trump is entitled to reasonable attorneys’ fees under the TCPA; fee motion to be filed within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Choice of law | New York anti‑SLAPP law applies because Trump is a New York citizen | Texas TCPA should apply because Clifford is domiciled in Texas and injury occurred there | New York choice‑of‑law rules govern transfer cases; applying those rules, Texas law (TCPA) governs the defamation claim |
| Timeliness of TCPA motion | TCPA requires filing within 60 days of service; motion was later | Motion filed promptly after transfer; good cause excuses deadline | 60‑day issue avoided: court finds good cause to permit belated TCPA motion given transfer and limited prejudice |
| TCPA applicability (step 1) | Clifford: tweet was not a matter of public concern or protected speech | Trump: tweet was a communication on a public concern about a public official/figure | TCPA applies: tweet was exercise of free speech on a matter of public concern (response to public allegations about the President) |
| Defamation merits — falsity/opinion | Clifford: tweet contains verifiable false implications (man "nonexistent", "con job") | Trump: tweet is rhetorical hyperbole/opinion, not an actionable factual assertion | Held: tweet is nonactionable rhetorical hyperbole in political context; not reasonably understood as stating provable facts, so dismissal granted |
| Leave to amend & fees | Clifford: should be allowed discovery/amend to plead malice and context | Trump: amendment would be futile; prevailing party entitled to TCPA fees | Court denies leave to amend as futile and awards attorneys’ fees to Trump under the TCPA |
Key Cases Cited
- Van Dusen v. Barrack, 376 U.S. 612 (transferor's law follows post-transfer) (choice‑of‑law rule for transfers)
- Ferens v. John Deere Co., 494 U.S. 516 (transferor's law follows when plaintiff initiates transfer)
- Milkovich v. Lorain Journal Co., 497 U.S. 1 (First Amendment protects rhetorical hyperbole; provability required for defamation on public matters)
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (opinion/rhetorical hyperbole analysis in Texas defamation law)
- In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (TCPA procedural framework for special motions)
- D Magazine Partners, L.P. v. Rosenthal, 529 S.W.3d 429 (Tex. 2017) (elements of defamation in Texas)
- Sullivan v. Abraham, 488 S.W.3d 294 (Tex. 2016) (TCPA requires award of reasonable attorney's fees to successful movant)
- Rehak Creative Servs., Inc. v. Witt, 404 S.W.3d 716 (Tex. App. 2013) (political‑campaign context and rhetorical hyperbole)