Manufactured Home Communities, Inc. v. County of San Diego
655 F.3d 1171
| 9th Cir. | 2011Background
- MHC, a Chicago-based real estate investment trust, operates three unincorporated San Diego County parks and challenged statements by Supervisor Jacob.
- Six statements by Jacob are alleged defaming remarks about MHC's reputation, political interactions, and a sewer-backup incident at Rancho Valley.
- The sewer-backup occurred December 2002; HIRT delayed response based on Jacob's assurances that the situation was under control.
- MHC filed a federal complaint in 2003 including state-law defamation against Jacob; Defendants moved to strike under California anti-SLAPP.
- District court granted the anti-SLAPP motion; a prior panel reversed a fee award, remanding; on remand, the district court again struck the claims and awarded fees.
- Court now reviews de novo the anti-SLAPP grant and abuse-of-discretion review for attorney’s fees, affirming both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MHC proved falsity of Jacob's statements. | MHC contends statements were provably false facts. | Statements conveyed a gist of opinion or non-actionable fact. | MHC failed to show false substance; statements not provably false. |
| Whether the district court properly applied anti-SLAPP to all six statements. | Court must consider all six statements as potentially actionable. | Only the three referenced statements were at issue; others were examples. | All six statements analyzed; statements regarding reputation, interactions with Dumanis, and sewage were addressed. |
| Whether the district court abused its discretion in awarding attorney's fees under anti-SLAPP. | Fees for the first motion cannot be awarded; law of the case prevents it. | Fees were integral and overlapped; defense prevailed on remand; not barred by law of the case. | No abuse; fees for the first motion were properly awarded as integral to success. |
| Whether MHC is a limited-purpose public figure for defamation burden. | MHC is a limited-purpose public figure requiring actual malice, clear and convincing. | MHC is a private figure; standard is falsity with ordinary standards. | MHC treated as private figure; falsity standard applied. |
Key Cases Cited
- Wilson v. Parker, Covert & Chidester, 28 Cal.4th 811 (Cal. 2002) (establishes burden in anti-SLAPP oppositions; factual showing required)
- Gilbert v. Sykes, 147 Cal.App.4th 13 (Cal. App. 2007) (broad construction of anti-SLAPP statute; private figure standard discussion)
- Mindy's Cosmetics, Inc. v. Dakar, 611 F.3d 590 (9th Cir. 2010) (standard for defamation involving private figures in federal context)
- Lafayette Morehouse, Inc. v. Chronicle Publishing Co., 39 Cal.App.4th 1379 (Cal. App. 1995) (fee-shifting limits under anti-SLAPP when non-anti-SLAPP claims exist)
- Metabolife International, Inc. v. Wornick, 213 F. Supp. 2d 1220 (S.D. Cal. 2002) (statutory amendments affecting anti-SLAPP construction; superseded for some purposes)