Facts

Former model Janice Dickinson filed a complaint against actor Bill Cosby after he publicly accused Dickinson of fabricating allegations that he sexually assaulted her. While Cosby's anti-SLAPP motion to strike the original complaint was pending, Dickinson amended her complaint to add Cosby's attorney Martin Singer.

PLAINTIFF'S CONTENTIONS:
Dickinson contended that after she publicly disclosed that she had been drugged and raped by Cosby, Cosby retaliated against her through his attorney, Singer. She claimed that Cosby, through Singer, publicly and repeatedly called her a liar with the intent and effect of revictimizing her and destroying her professional reputation. Dickinson brought claims for defamation/defamation per se, false light, and intentional infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
Cosby and Singer filed a motion to strike the amended complaint on the grounds that the amendment was impermissible under the anti-SLAPP statute and relevant case law.

Result

The court granted defendants' motion to strike the first amended complaint, ruling that the amended complaint was improperly filed during the pendency of Cosby's anti-SLAPP motion. By adding additional claims and a new defendant, Dickinson improperly attempted to plead around Cosby's anti-SLAPP motion, thereby frustrating the purpose of the SLAPP statute, Cal. Civ. Proc. Code 425.6, which is to evaluate and resolve cases expeditiously. The court ruled that Singer is not a party to the lawsuit and the operative complaint does not assert any allegations against him.

Other Information

FILING DATE: May 20, 2015.