Opinion

Dubac v. Itkoff

Court
California Court of Appeal
Filed
Apr 19, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 16.0%

The opinion

Filed 4/19/24

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

ROBERT DUBAC, B317061

Plaintiff and Respondent, Los Angeles County

Super. Ct. No. 20SMCV02019

v.

SANDRA ITKOFF et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of

Los Angeles County, Mark H. Epstein, Judge. Affirmed.

Rosen Saba, Todd M. Lander and Michael J. Peng for

Plaintiff and Respondent.

Brown, White & Osborn and Kenneth P. White for

Defendants and Appellants.

____________________

In a six-unit building, one couple kept emailing insults

about their neighbor. For anti-SLAPP purposes, this quarrel was

not speech in connection with a public issue. Code cites are to the

Code of Civil Procedure.

I

We recount facts.

A

Robert Dubac owned a condominium in the same six-unit

building as Sandra Itkoff and Jonathan Diamond. We spell out

nine statements by Itkoff and Diamond that Dubac claimed were

actionable. (See Geiser v. Kuhns (2022) 13 Cal.5th 1238, 1252–

1256 [context is important] (Geiser).) The statements present the

perspective of Itkoff and Diamond, who assert the bad blood with

Dubac dated from before 2015, when they complained Dubac

discriminated “against them because they are Jewish and their

daughter is African-American.” Dubac maintains all their

charges are false.

Statement one. On May 2, 2020, Itkoff and Diamond orally

told an insurance carrier that Dubac was “self-dealing on the

backs of other homeowners.”

Statement two. On June 14, 2020, at 8:26 a.m., Itkoff and

Diamond sent an email titled “Re: HOA insurance” to Dubac’s

wife and to the board of the homeowners association. This email

asked whether “a claim [has] been made against this policy as we

have requested repeatedly.” We quote the balance of this

message, without corrections but with our italics:

“There is a long list forming of continued illegal and

damaging acts by this HOA: records issues, audit issues, theft

and other financial errors, mismanagement and self-deail issues.

[⁋] We have pointed these wrong doings out. They have not been

addressed and continue. In addition, the same board member,

Robert Dubac, who has been acting in bad faith and in a raciest,

2

continues to run the HOA. [⁋] He must be replaced. [⁋] These

new illegal actions of the past 3 years must be addressed by the

insurance company given they are being ignored by this HOA. [⁋]

Yours, Sandy and Jonathan.”

Dubac’s suit claimed the statements that he was acting in

bad faith and was a racist were actionable.

Statement three. On July 3, 2020, at 4:47 p.m., Itkoff

emailed Dubac, copying Dubac’s wife and other residents of the

condominium building, four of whom were named Mike

Goedecke, Steve Kloves, Chris Carter, and Laura Peterson.

The title of this message was “Not HOA business.” The

message’s uncorrected text follows. The italics are ours.

“This has nothing to do with the HOA at this point, this is

between you and me. [⁋] This just came up in the car AGAIN --

it does a lot these days because all of you have acted just like the

others in the news, and Rosie points it out. [⁋] You are a racist

son of a bitch, just like all those KARENS out there with their

white privilege and lack of any sense of who they really are. You

are a racist son of a bitch. You made my beautiful Rosie cry on so

many nights. For some reason you thought it was ok to film her,

report her to the police, blame plumbing issues (that had her

sleeping on our floor for a year) on her gorgeous African curls,

look the other way when sewage kept entering her room, toss

over her plant and then kill it in the garage, state that she stuffs

‘all sorts of crap’ down the toilet, state that her sweet sweets for

the neighbors were poison. [⁋] Not only are you a racist son of a

bitch - but you act out your hate and disappointment with life on a

child. You and Goedecke are too unselfaware to understand your

own actions - he calls the police and tells them we have a gun,

also a KAREN move. I guess the intent was to have them show

3

up at our door guns drawn...perhaps shoot the black girl, she may

be an intruder. [⁋] And you others - Chris Carter & Steve Klovis

- stand by and watch. Laura Peterson says to Rosie’s face, I won’t

help stop it, let alone apologize for it. [⁋] You wonder why Rosie’s

school counsels and essays are filled with your names - this is

why. [⁋] You want to know why we will always seek truth and

justice when dealing with you all - this is why. This is the fire in

our belly. You hurt both my babies. Squandered Leo’s medical

school funds and hurt Rosie in ways she will remember until

death. [⁋] I tried to help us all move beyond this, but you refused

to participate. [⁋] Keep lying to the City, we won’t. [⁋] Sandy”

Dubac’s complaint alleged this message was actionable for

several reasons, including that it falsely accused Dubac of

harassing and abusing a child and of doing so out of racial

animus.

Statement four. On July 9, 2020, at 3:20 p.m., Diamond

and Itkoff sent an email to one Brian Murphy, as follows,

uncorrected but with underlining omitted and italics added.

“Dear Brian, [⁋] As the only director of our homeowners’

association not a party to the issues outlined below, we are

writing to you to meet and confer per the Davis Stirling Act

internal dispute resolution requirements (IDR). [⁋] We believe

that Bob Dubac and Mike Geodecke are not fit to be members of

this board, act as the designated security officer, or inspector of

elections, pursuant to the Davis Stirling Act/California Code

clearly defined requirements for carrying out these positions of

responsibility. We seek: To elect a board and assign HOA

responsibilities to individuals who carry out those responsibilities

and treat other members in an ethical, legal and unbiased

manner. [⁋] When we meet and confer, we will provide you with

4

evidence showing that multiple false police reports were filed

against our family, by Bob Dubac against our minor black

daughter after surreptitiously filming her on the street from the

trunk of his car, and by the Geodecke’s claiming we have a gun,

an absolute recipe for a tragic disaster for our family. [⁋] These

are actions Association member Steve Kloves called ‘absurd’ in

court documents. These are criminal actions, considered a crime

against justice itself, taken directly against our family and are

not actions fitting someone who is to hold any HOA position of

responsibility. These are positions that oversee the safety and

livability of our HOME, our largest financial asset, and the

wellbeing of our children, unlike Amy Cooper who was

immediately fired from her position overseeing an insurance

portfolio at Franklin Templeton, far removed from the victim of

her crime. [⁋] We will also share other false reports, numerous

so we will select a representative few, made to other government

officials/agencies trying to elicit harm to our family and illegally

advance the interest of others including themselves. [⁋] On

multiple occasions, in addition to those described above, Dubac

has weaponized his white privilege against our black daughter

starting from the time she was 10 years old. His behavior has

been the topic of many school conferences, essays and poems. We

will also provide you evidence of these other occurrences that also

render him unfit. [⁋] In consultation with the Los Angeles

chapter of Black Lives Matter, we have a better understanding of

our rights and we have their support to pursue these rights

vigorously. [⁋] Please advise when you are able to meet. [⁋]

Yours, [⁋] Jonathan Diamond and Sandy Itkoff.”

Dubac alleged this statement “represented (again falsely)

that an educational institution had actually conducted multiple

5

conferences on the subject of Dubac and his purported racially

motivated biases.”

Statement five. On July 23, 2020, at 3:24 p.m., Itkoff sent

an email to Dubac and his wife titled “Just like Rep. Yoho.” We

reproduce its text with our italics and without corrections.

“You accoust women with no remorse. [⁋] You make sure

Rosie can not live her life with dignity. [⁋] This issue is not about

one incidence. [⁋] Dehumanizing language is not new for you, it

is a pattern. [⁋] Clearly you don’t want to apologize, you have no

remorse. We have given you the opportunity and you have not

taken it. [⁋] You use your wife as a shield. [⁋] Having a wife

does not make a decent man. When a decent man messes up, he

apologizes. He apologizes not to save face, but to repair and

acknowledge the harm he has done so we can all move on. [⁋]

Your disrespect for both me and Rosie is everywhere apparent,

and we will not accept it. You have given permission to other

men, like Goedecke, permission to behave this way to women, to

my Rosie.”

Dubac alleged this email was actionable because it accused

him of accosting women and ensuring a child could not live her

life with dignity.

Statement six. On August 12, 2020, at 8:26 p.m., Diamond

and Itkoff sent a lengthy email addressed to “HOA and Board.”

This email began by asserting a record of successes that Diamond

and Itkoff had achieved against their homeowners association.

“We don’t chase you all for the petty, childish and harassing

actions you carry out. When Dubac steals our mail, a federal

offense, we try to get it back and then move on. . . . When Lisa

Goedecke, Lauren Dubac, and Bob Dubac make false police

reports, we inform the police and ignore it. [⁋] Dubac’s malice,

6

stupidity, ego, and insecurity are a lethal combination. He has

wreaked havoc in this building and in the life of Rosie Diamond

.... [⁋] And so we continue with the sophomoric, the petty, and

the illegal antics of this HOA - [⁋] Best, Jonathan & Sandy.”

Dubac complained this email falsely accused him of malice,

filing false police reports, stealing mail, and wreaking havoc on

their daughter’s life.

Statement seven. On September 13, 2020, at 9:52 a.m.,

Diamond and Itkoff emailed Brian Murphy and others. In part

and without corrections, this email stated “Given we have now

logged 137 evidence-supported incidents where Bob Dubac (and

Lauren) has lied underoath in his attempts to curry favor with

other owners, enrich himself, and demean and defraud Sandy

and Rosie to feed his personal trauma, perhaps you can answer

these very clear and straightforward questions that have been

outstanding for some time.”

Dubac’s complaint alleged this email falsely claimed he had

committed perjury “with the intention of enriching [himself] and

defrauding Defendants and their daughter.”

Statement eight. On October 8, 2020, at 11:08 a.m.,

Diamond and Itkoff sent an email titled “More Bullshit” which

Dubac said described “[m]ore crazy from the racist, misogynist

HOA [President Dubac].” The trial court stated its

understanding that an email from Diamond and Itkoff did exist—

Diamond and Itkoff admitted sending it—with language accusing

Dubac of racism and misogyny, but a correct copy of that email

“has not been presented to this Court.”

Statement nine. On October 21, 2020, at 1:21 p.m., Itkoff

and Diamond emailed two association land use consultants, the

building manager, Dubac and his wife, building residents, and a

7

Santa Monica city planning official concerned with the building.

The email contained the following text, which we have not

corrected but to which we have added italics.

“In addition, this man, Bob Dubac, with full complicity by

his wife Lauren Dubac, is a pathological liar, he doesn’t know the

difference between truth and lies. In a pattern that is straight

out of a psychology textbook, his response is to accuse everyone

else of lying. Whatever he does, he accuses everyone else of doing

the same. This was in full display at the HOA meeting this week

as Mr. Dubac kept mansplaining an anxious Ms. Dubac with lies

and spin. [⁋] Narcissists need scapegoats to blame shift because

they cannot accept responsibility, criticism, blame or

accountability (narcissistic injury). [⁋] It started with blaming a

plumbing problem on 10 year old Rosie’s hair and grew from

there. But this is not a new situation to the Dubacs. They have a

long history of this kind of behavior - the abused abuse. [⁋] If it

stems from Bob Dubac’s abuse as a child as Lauren states, that is

a very unfortunate start in life, and similar to Donald Trump.

But, the Dubacs are adults now and should have sought help.

Lauren’s warning to us is not sufficient, she’s an enabler and

takes her orders from Mr [⁋] And you all, you remain silent,

complicit as well. [⁋] Follow the rules. Be honest.”

Dubac’s complaint stated this email falsely accused him of

being a pathological liar and “peddl[ed] outrageous and obscene

lies about Dubac’s childhood.”

B

Dubac sued Itkoff and Diamond for defamation, infliction of

emotional distress, interference with economic advantage, and

civil harassment. Itkoff and Diamond filed a special motion to

strike. The trial court rendered a meticulous 30-page statement

8

of decision. It ruled statements one, three, five, and eight failed

the first prong of anti-SLAPP analysis, which here required a

showing the statements were “speech in connection with a public

issue or an issue of public interest.” (§ 425.16, subd. (e)(4).) On

the second prong of analysis, the trial court found Dubac

succeeded in showing a likelihood of prevailing on his claims,

except for statement nine and part of statement two.

In sum, most of Dubac’s claims got through. The trial court

struck statement nine and part of statement two, but these

rulings are not before us because Dubac did not appeal. Itkoff

and Diamond appealed the court’s refusal to strike the balance of

Dubac’s suit.

II

The anti-SLAPP statute aims to encourage participation in

matters of public significance. (§ 425.16, subd. (a); Equilon

Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 59-60.)

The decision in Wilson v. Cable News Network, Inc. (2019) 7

Cal.5th 871, 883-885 (Wilson), for instance, reviews the two-

prong anti-SLAPP analysis. We affirm the trial court order

against the challenge by Itkoff and Diamond.

A

This case turns on the first prong of the anti-SLAPP

analysis, which here requires independent review of whether

these statements count as “speech in connection with a public

issue or an issue of public interest.” (§ 425.16, subd. (e)(4), italics

added; see Geiser, supra, 13 Cal.5th at p. 1250.) In oral

argument, Itkoff and Diamond attempted to invoke other parts of

this statute, but they forfeited those arguments by failing to

develop them in their opening papers.

9

The statutory phrases “public issue” and an “issue of public

interest” seem to refer to the same thing: it is difficult to imagine

a “public issue” that is not an “issue of public interest,” and vice

versa. Our parties do not distinguish between these two phrases,

so any difference does not matter here. We simplify by referring

interchangeably to “public issues” and “issues of public interest.”

B

California’s anti-SLAPP jurisprudence has “struggled” to

define what makes something an issue of public, rather than

private, interest. (Rand Resources, LLC v. City of Carson (2019)

6 Cal.5th 610, 621 (Rand).) It has been a struggle because the

distinction between “public” and “private” is notoriously difficult

to state in clear and simple terms. (Cf. Horwitz, The History of

the Public/Private Distinction (1982) 130 U.Pa. L.Rev. 1423

[tracing history of distinction from medieval times]; see id. at p.

1426 [“By 1940, it was a sign of legal sophistication to

understand the arbitrariness of the division of law into public

and private realms”].)

Ambiguity about the “public interest” is far flung in the

law. (E.g., Brotman, Revisiting the Broadcast Public Interest

Standard in Communications Law and Regulation (March 23,

2017) BROOKINGS <https://www.brookings.edu/articles/

revisiting-the-broadcast-public-interest-standard-in-

communications-law-and-regulation/> [as of April 18, 2024],

archived at <https:// perma.cc/2KAY-CCAZ> [the mandate to

regulate broadcasting consistent with the “public interest,

convenience, and necessity” remains a pillar of communications

law, yet its precise meaning remains opaque and elusive].)

On some points, however, judges have “ably” distilled the

characteristics of a public issue. (Geiser, supra, 13 Cal.5th at p.

10

1248.) Five factors generally tend to make a statement implicate

a public interest:

1. The statement concerns a person or entity in the

public eye;

2. the statement concerns conduct that could directly

affect a large number of people beyond the direct

participants;

3. the statement concerns a topic of widespread public

interest;

4. the issue is of concern to a substantial number of

people; or

5. the issue has been the subject of extensive media

coverage. (Ibid.)

Factor three is of limited utility because it uses the word

“public” to define the word “public.”

Factors two, three, and four, on the other hand, repeat

variations on a consistent theme: they stress the significance of

how many people are affected by, or are interested in, a

purportedly public issue.

In addition to stating these five factors, the Geiser decision

also emphasized the importance of considering contextual factors,

including the identity and number of speakers, the audience, the

location of the communication, and the purpose and timing of the

communication. (Geiser, supra, 13 Cal.5th at p. 1253.)

The ultimate question is whether a statement “furthered

public discussion of the public issues it implicated.” (Geiser,

supra, 13 Cal.5th at p. 1255.)

Geiser clarified that, while the first prong of anti-SLAPP

analysis could itself be subdivided into sub-steps, it might be

“efficient” in some cases to combine the sub-steps into one

11

inquiry. (Geiser, supra, 13 Cal.5th at p. 1256.) We follow this

efficient practice here.

C

Content and context show the emails from Itkoff and

Diamond did not contribute to discussion of public issues.

The content of the emails shows a personal feud with

neighbor Dubac, not an exchange contributing to public

discussion of public issues. Itkoff and Diamond thought Dubac

had treated their daughter badly. They had other allegations

too—Dubac stole their mail, ran the homeowners association

poorly, was a narcissistic liar, and so forth—but the dominating

theme was their daughter’s mistreatment. This topic, while of

vital concern to the parents, was—in context—not an issue of

public interest.

The context of the emails shows they did not contribute to

public discussion of public issues. We have explained important

contextual factors include the (1) identity and number of

speakers, (2) the audience, (3) the location of the communication,

and (4) the purpose and timing of the communication. (See

Geiser, supra, 13 Cal.5th at p. 1253.) We examine each factor.

1

The identity and number of speakers show the matter was

not a public issue. The speakers’ identities were as neighbors in a

diminutive community. The number of speakers likewise was

small. Itkoff and Diamond were in a building with five other

units. The smallness of the group suggests issues plaguing it are

private, not public.

2

The confined audience for the messages suggested they did

not contribute to public discussion of a public issue. Itkoff and

12

Diamond never sent these messages to the general public or to a

sizable portion of it. Message one was to a single person: an

insurance carrier. That conversation appeared to be one-on-one:

entirely private in the conventional sense of the word. Message

two was to Dubac’s wife and the board of this small homeowners

association. Message three, titled “Not HOA business”—our

emphasis—was to Dubac personally, with copies to Dubac’s wife

and the four other households in the building. Message four was

to a director of the homeowners association. Message five was to

Dubac and his wife. Message six was to members of the

building’s association and the building manager. Message seven

was again to a director of the association, with copies to Dubac,

his wife, the building manager, and other households in the

building. Message eight was to building residents and the

building manager. Message nine was to association consultants,

the building manager, Dubac and his wife, building residents,

and an official concerned with the building.

The general public did not and could not know about this

intra-building tiff. The audience was always tiny. It was never

the “public.”

3

The location was messages from owners of one unit to

others living in (or linked to) one lone building. The emails

themselves were composed on computers inside the building,

protected from the public by locked doors and laptop passwords.

As far as the general public was concerned, these messages were

secret and private—quite different from, for instance, the noisy

street picketing at issue in Geiser. (See Gieser, supra, 13 Cal.5th

at pp. 1243 & 1244 [street picketers held signs, sang songs, gave

speeches, and chanted that the corporate CEO could not “hide”].)

13

4

The purpose and timing of the emails show they did not

contribute to public discussion of anything. Itkoff and Diamond

had the evident purpose of confronting Dubac, shaming him,

making him repent, and enlisting a few others in their campaign.

Itkoff and Diamond sent their messages at various times

throughout the day, from 8:26 a.m. to 8:26 p.m., apparently at

their convenience or whim and not in reaction to a specific

triggering event of public import. (Cf. Geiser, supra, 13 Cal.5th

at p. 1253 [street protest timed to target, and in immediate

response to, corporate action].)

D

Itkoff and Diamond attempt to elevate their name-calling

by saying it was in service of the governance of a homeowners

association. They imply anything touching upon a homeowners

association is per se a public issue. This is incorrect.

1

An objective observer might be puzzled to hear a

homeowners association can be the stage for public debate of a

public issue. Homeowners associations in some sense are the

opposite of “public”: they are intensely private; you must buy

your way in, often at high cost, to a place that excludes the

general public. The point of the organization is to exercise

control over private property to which the public has no right of

access.

But any kind of collective governance can call forth another

notion of “public,” which is that group control differs from strictly

individual power. Homeowners associations can be a type of

small-scale democracy, where people meet in something like a

14

town hall and, through discussion and voting, settle differences

and decide their collective fate. This has a sort of “public” aspect.

This aspect, however, suffers a problem. All “private”

organizations govern themselves in some collective way: clubs,

hobby groups, sports teams, and so on. Every bridge foursome

and chess club has some way to decide when and where to meet,

whom to include, and what rules to follow. Is all this private

ordering and governance really “public”? To read “public” so

broadly would tend to make most things “private” into something

“public.” And expanding “public” to include every bridge group

would tend to drain all content from a word of limitation. This

method of statutory interpretation is unsound. (E.g., People v.

Arias (2008) 45 Cal.4th 169, 181.)

There have to be limits. Case law supplies some guidelines.

2

Some lower courts have treated some decisionmaking by

large homeowners associations as “public.” (E.g., Damon v.

Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468, 478–479

[association issue affecting over 3,000 people was “public”]; Ruiz

v. Harbor View Community Assn. (2005) 134 Cal.App.4th 1456,

1461, 1468–1469 [523 lots]; Cabrera v. Alam (2011) 197

Cal.App.4th 1077, 1081–1082, 1091 [228 condominiums]; Lee v.

Silveira (2016) 6 Cal.App.5th 527, 539, 549 [440 town houses];

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes

(2017) 9 Cal.App.5th 125, 132-134 [about 755 households].)

Case law rejects the notion, however, that every issue

within a homeowners association is a public issue. (Talega

Maintenance Corp. v. Standard Pacific Corp. (2014) 225

Cal.App.4th 722, 734 [“the issue of who was to pay for the

15

repairs, which was of interest to only a narrow sliver of society,

was not a public issue”].)

In other words, merely relating a controversy in some way

to a homeowners association does not make it a contribution to

public discussion of a public issue. This is a variant of the

familiar rule that one cannot abstract one’s way to a “public”

issue. (E.g., Geiser, supra, 13 Cal.5th at p. 1250 [defendants

always succeed in drawing a line—however tenuous—between

their speech and an abstract issue of public interest].)

3

A line of cases rejects efforts to elevate personal squabbles

into “public” issues.

The landmark lower court decision is Weinberg v. Feisel

(2003) 110 Cal.App.4th 1122 (Weinberg). Our Supreme Court

repeatedly has endorsed Weinberg. (See Geiser, supra, 13 Cal.5th

at p. 1248; FilmOn.com Inc v. DoubleVerify Inc. (2019) 7 Cal.5th

133, 149; Rand, supra, 6 Cal.5th at p. 621.)

Weinberg established the significance of considering

whether the issue is of concern to a substantial number of people.

(See Geiser, supra, 13 Cal.5th at p. 1248, citing Weinberg, supra,

110 Cal.App.4th at pp. 1132–1133.) “[A] matter of public interest

should be something of concern to a substantial number of

people. . . . Thus, a matter of concern to the speaker and a

relatively small, specific audience is not a matter of public

interest.” (Weinberg, supra, 110 Cal.App.4th at pp. 1132.)

Weinberg’s facts were instructively similar to this case.

Weinberg involved a dispute between two men who shared an

interest in collecting tokens.

Private governance was at work among the token collectors

in Weinberg. Both men belonged to the National Token

16

Collectors’ Association, which published a monthly newsletter

called Talkin’ Tokens. This association had about 700 members.

The local association was the Western States Token Society, with

about 50 members. Alan Weinberg had been a member of the

national association since its inception in 1997. Duane Feisel

was a member and secretary of the national association and

president of the western states association. (Weinberg, supra,

110 Cal.App.4th at p. 1127.)

Feisel accused Weinberg of stealing one of his tokens. He

went on an extended campaign to oust Weinberg from token

associations and jamborees. Using the Talkin’ Tokens newsletter

and other means, Feisel called Weinberg a thief and a chronic liar

and claimed Weinberg had a violent temper. (Weinberg, supra,

110 Cal.App.4th at pp. 1127–1129.)

Feisel was eloquent about how his attacks on Weinberg

connected to a supposedly public issue. Feisel said he was

“warning others of a suspected theft, so they can secure their

property from the alleged wrongdoer, [thus serving] the public

interest in deterring crime and protecting the interests of others

who could suffer such harm.” (Weinberg, supra, 110 Cal.App.4th

at p. 1126.)

Yet when Weinberg sued Feisel for defamation and

emotional distress, the Court of Appeal affirmed the trial court’s

denial of Feisel’s special motion to strike. A key factor was that

the communications in the case were among only “a small group

of other private parties.” (Weinberg, supra, 110 Cal.App.4th at p.

1132.) Feisel’s attacks on Weinberg were not matters of public

interest. They were merely efforts to gather ammunition for

another round of private controversy. (Id. at pp. 1132–1133.)

17

4

Courts have applied Weinberg’s teaching to a variety of

other name-calling disputes that were essentially private. These

precedents support our analysis.

In one case, an episode of road rage led to fisticuffs and

horrible name-calling. (Abuemeira v. Stephens (2016) 246

Cal.App.4th 1291, 1296.) Presiding Justice Gilbert wrote this

“unseemly private brawl” involved “private, anonymous” parties

and raised no public issue. (Id. at pp. 1294 & 1298; see also D.C.

v. R.R. (2010) 182 Cal.App.4th 1190, 1199 & 1226 [one student

posted hateful and threatening online comments about another;

no public issue]; Bernstein v. LaBeouf (2019) 43 Cal.App.5th 15,

19, 24 [drunken patron insulted bartender; no public issue].)

A similarly private dispute between neighbors was

Workman v. Colichman (2019) 33 Cal.App.5th 1039. Donna Sue

Workman’s house was in escrow until neighbor Paul Colichman

caused the sale to fall through by emailing Workman’s real estate

agent that he was planning an addition that would interfere with

the view from Workman’s house. Workman sued, saying the

statement was false, no construction was planned, and

Colichman was just trying to interfere with the pending sale.

Colichment filed a special motion to strike, saying his email

involved a matter of public interest. The court rejected this

claim, saying “[i]nformation about the views from a private

residence affecting only those directly interested in buying or

selling that house is not an issue of public interest.” (Id. at p.

1042.)

We encounter more feuding neighbors in Jeppson v. Ley

(2020) 44 Cal.App.5th 845, where one’s dog killed another’s cat.

Relations went downhill from there, resulting in a supposedly

18

anonymous but not-very-well-concealed neighborhood blog post

from one about the other that pulled in a related assault against

another neighbor’s tree. This dispute affected only three

households: the dog owner, the cat owner, and the tree owner. It

did not involve a public issue. It was “strictly local.” (Id. at pp.

856–857.)

In the same vein was Woodhill Ventures, LLC v. Yang

(2021) 68 Cal.App.5th 624, 627, where a bakery customer

unhappy with a birthday cake unleashed a tirade against the

bakery that culminated in death threats to the bakers. The

bakery sued. The cake controversy did not raise a public issue.

(Id. at p. 636.)

Our result today gains support from these cases where

people became enveloped in conflicts they saw as transcendent

but that did not involve public issues.

5

The number of people affected by, involved in, or who care

about this intra-building name calling is minute. The record

offers no objective basis for saying anyone outside the building

had any “public” interest in this poisoned relationship between

neighbors. A matter of concern to the speaker and a relatively

small, specific audience is not a matter of public interest.

(Weinberg, supra, 110 Cal.App.4th at p. 1132.) Dubac’s lawsuit

did not concern “speech in connection with a public issue or an

issue of public interest.” (§ 425.16, subd. (e)(4).) This fact

doomed the special motion to strike. We do not consider anti-

SLAPP prong two. (See Wilson, supra, 7 Cal.5th at p. 884.)

//

//

//

19

DISPOSITION

We affirm the trial court’s order and award costs to the

respondent.

WILEY, J.

We concur:

STRATTON, P. J.

VIRAMONTES, J.

20

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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