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Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

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May 19, 2020

Yang v. Tenet Healthcare, Inc. (2020) 48 Cal.App.5th 939

Doctor Suzanne Yang sued a hospital and its medical staff for defamation based on statements to the public and the medical community questioning her qualifications, competence, and medical ethics, and directions to other physicians not to refer patients to her. The trial court denied the defendants’ anti-SLAPP motion, ruling that the statements did not arise from the exercise of free speech about a matter of public interest.

The Court of Appeal reversed, based on the Supreme Court’s recent anti-SLAPP decision in FilmOn.com Inc. v. DoubleVerify, Inc. (2019) 7 Cal.5th 133. Disagreeing with Dual Diagnosis Treatment Center, Inc. v. Buschel (2016) 6 Cal.App.5th 1098, the court held that defendants’ speech regarding Dr. Yang’s “qualifications, competence, and professional ethics” directly concerned the public issue of physician competency. The court also found a “functional relationship” between the statements and the public issue because defendants made statements to the public, not just to the medical staff.