ZVMLaw Prevails Against Anti-SLAPP Motion
On October 2, 2023, ZVMLaw, along with local California counsel Epstein Holtzapple Christo LLC (“EHC”), notched a significant victory in California State Court by successfully defeating an anti-SLAPP motion brought against its client Thomas Smith, a prominent podcaster and media personality. The full opinion can be read here.
ZVMLaw represents Mr. Smith in a dispute in which he alleges that Andrew Torrez, a legal commentator and podcast host, unlawfully took over the popular legal podcast Opening Arguments that, until recently, Mr. Smith and Mr. Torrez cohosted together, and defamed Mr. Smith in the process. Mr. Torrez responded to the lawsuit by filing what’s known as an anti-SLAPP motion, which allows a defendant to strike or dismiss a complaint on the grounds that the case involves protected speech on a matter of public concern. In denying the motion—which Mr. Smith had opposed as a misguided attempt by Mr. Torrez to drag out the case while solidifying his seizure of the podcast—the court held that Mr. Smith’s claims had sufficient merit and could proceed to trial.
"We are pleased with the court's decision to deny the Anti-SLAPP motion filed by Mr. Torrez," said Anne E. Linder, a Member at ZVMLaw who represents Mr. Smith. "We believe this motion was a clear abuse of California’s anti-SLAPP law and are glad to have vindicated our client. We look forward to achieving further steps towards justice for Mr. Smith."
ZVMLaw attorneys Anne E. Linder and Daniel A. Grossman worked with EHC’s Robert C. Holtzapple to oppose the motion.