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Healthsmart Pacific v. Kabateck

Attorneys' discussion with media of complaint alleging use of counterfeit medical hardware and healthcare fraud protected free speech in connection with public issue for purposes of anti-SLAPP motion.



Cite as

2017 DJDAR 254

Published

Jan. 11, 2017

Filing Date

Jan. 10, 2017


HEALTHSMART PACIFIC, INC., et al.,

Plaintiffs and Appellants,

v.

BRIAN S. KABATECK et al.,

Defendants and Respondents.

 

No. B264300

(Los Angeles County

Super. Ct. No. BC566549)

 

ORDER MODIFYING THE OPINION (NO CHANGE IN THE JUDGMENT)

California Court of Appeals

Second Appellate District

Division One

Filed January 10, 2017

 

THE COURT:

 

On the court?s own motion, the opinion filed in the above‑entitled matter on December 19, 2016, shall be modified in the following manners:

On page 20, in the first full paragraph, the third sentence is deleted and replaced with the following sentence:

Plaintiffs also compare Drobot?s admission that he bribed Senator Calderon in various ways that did not involve prostitutes with the suggestion that Drobot was involved in supplying prostitutes as bribes or kickbacks.

On page 21, the sentence beginning on line 7 is deleted and replaced with the following sentence:

More particularly, the attorney defendants in this case are protected from liability under the fair report privilege in informing the news media that they have alleged that plaintiffs used counterfeit screws in spinal surgeries and were part of a scheme that supplied prostitutes, but they are not protected if they informed the media that such facts were true.

These modifications do not constitute a change in the judgment.

 

 

ROTHSCHILD, P. J.

JOHNSON, J.

LUI, J.

#269433

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