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Response to kpete (Original post)

Fri May 22, 2020, 04:03 PM

11. Judge in San Diego rejects defamation complaint filed by OAN's parent company against Rachel Maddow

One America News Retweeted

NEW: A judge in San Diego rejects the defamation complaint filed by OAN's parent company against MSNBC host Rachel Maddow:



Case 3:19-cv-01713-BAS-AHG Document 30 Filed 05/22/20 PageID.290 Page 16 of 17

IV. Conclusion

For the foregoing reasons, the Court finds that the contested statement is an opinion that cannot serve as the basis for a defamation claim. Plaintiff has not shown a probability of succeeding on its defamation claims, thus, the Court GRANTS Defendants’ Special Motion to Strike. Finally, because the Court grants the Motion, Defendants may file a motion for attorney’s fees and costs. See Cal. Civ. Proc. Code § 425.16(c)(1) (If the movant prevails on a special motion to strike, it is “entitled to recover [its] attorney’s fees and costs”). The motion is to be referred to Magistrate Judge Goddard.

Because there is no set of facts that could support a claim for defamation based on Maddow’s statement, the complaint is dismissed with prejudice. After Defendants’ motion for attorney’s fees is resolved, the Court will instruct the Clerk to close this case.

IT IS SO ORDERED.
DATED: May 22, 2020

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