Tag Archives: anti-SLAPP

Ted Rall v. LA Times et al. – Lawsuit Update

Remember this the next time someone tells you it’s too easy to file a lawsuit in American courts. We need tort reform, but not to make it harder. It needs to become easier to seek justice!

As I wrote earlier, a judge in LA Superior Court ruled against me in the first round of anti-SLAPP motions filed against me by the LA Times. The Times is deploying anti-SLAPP — a law promoted as a way to protect whistleblowers and critics against wealthy corporations — against me because I am suing them for defamation and wrongful termination. (This was after they falsely claimed I had lied about being roughed up by an LAPD police officer in the course of a jaywalking arrest, and continued to lie after I used their own evidence to prove it. The Times and its publisher had a close financial and political relationship with the LAPD, which I had repeatedly criticized in my cartoons.)

On November 20 the ethics-impaired LA Times — terrified that my case might someday be heard before a jury of my peers — continued its scorched-earth litigation tactics and asked a judge to issue a judgement against me for about $350,000 of the Times’ legal fees. The fees included Times lawyer Kelli Sager’s $705/hour fee, which she described as “discounted.” It also included fees for preparing the anti-SLAPP motions themselves, which violated court rules by running 27+ pages instead of the allowed 15, and a previous judge threw out of court.

The Times also requested that I be forced to post an “appeals bond” equal to 1.5 times the value of the award, thus amounting to about $525,000. That bond would have to be posted in cash; in other words, I would need to send a bonding company 100% ($525,000) to post the bond in order to continue my case.

Remember: the Times is the defendant! They wronged me, not the other way around.

The judge ruled in the Times’ favor.

Corporate media takes care of its own, so I do not expect much solidarity from my fellow inked-stained wretches.

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Rall v. LA Times: Now They Want Me To Pay Them $340,000

Hi, hope you’re enjoying the fall weather!
Here’s the latest on Rall v. LA Times.
As you may recall, the Times won their anti-SLAPP motion against me in LA Superior Court, and we are appealing that to the Court of Appeals.
We’re optimistic, but in the meantime the Times has filed their attorneys’ fees with the Court and is demanding that I pay them $340,000. That’s right — the LA Times defamed me, and now they’re abusing the law to try to bankrupt me!
There’s a court hearing about the Times’ insane legal bills on November 20; if you’d like to attend please let me know.
Among the highlights:
Times lawyer Kelli Sager charges $705 an hour to defend them against the people they libel, instead of simply publishing a retraction and an apology for their lies. No wonder newspapers are in financial trouble!
One of the defendant corporate entities, Tribune Media, ceased to relate to newspapers in a complicated restructuring that my previous lawyer didn’t know about. Sager was supposed to tell my former lawyer; that’s standard legal ethics. She didn’t. Yet she is billing more than $30,000 just defending that defendant…when she could simply have told my lawyer for the cost of a phone call.
If the Times wins on November 20th, they will likely go after the $75,000 bond posted in 2016 as a result of a previous court order. If that happens and I prevail at appeal, we’ll get it back.
Thank you for your support and, if you’ve been following the fight between Disney and the LA Times, remember: the LA Times are not First Amendment heroes.

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Lawsuit Update

It has been a while since I filled you in on what’s going on with my lawsuit, so if you’ve been wondering, here’s what’s what.

The original judge in my case, Teresa Sanchez-Gordon, retired. That was a bummer for me because she seemed to understand the case and its importance, and for the most part, she ruled in my favor. LA Superior Court handed the LA Times’ anti-SLAPP motion against me over to a temporary substitute judge, a retired gentleman brought back for a few months in order to help the court dig out of its formidable backlog. Judge Joseph Kalin informed us that he had over 500 cases on his docket. He also said that he had read all of the documents in my case over the previous week. Considering that they are over a foot high and amount to thousands of pages, call me skeptical. No human being could possibly handle all that work.

Adding to the challenge was getting sabotaged by my own lawyers. Rather than send a seasoned litigator to argue the crucial anti-SLAPP hearings (of which three were scheduled), Shegerian & Associates sent a junior associate just a few of years out of law school to argue against Times attorney Kelli Sager, a veteran litigator with decades of experience at a major white-shoe law firm that represents giant corporations trying to crush workers. She was timid, unprepared and failed to fight back when Sager said things that simply weren’t true. Unsurprisingly, the judge ruled against me.

With two more hearings to go, I asked the firm to send out the litigator that we had agreed upon. Carney Shegerian responded with a Notice of Termination. That’s right: my own lawyer fired me! It’s not because I was rude or anything like that. I wasn’t. I don’t know why he did it but I do know that other lawyers tell me that this kind of behavior, dumping a client right before a crucial hearing, is highly unethical.

I managed to find a new attorney in time for the next hearing, but Judge Kalin refused to grant me a continuance to allow my new lawyer time to familiarize himself with my case, and forced me to do my own oral argument. Naturally, the Times lawyer didn’t grant me the basic courtesy of a continuance. All along, they have been playing by scorched-earth tactics.

OK, so I did better than the junior litigator: the judge acknowledged that I had told the truth about my jaywalking arrest in 2001. Which means that the Times never should have written those two articles libeling me and that they should have retracted them and that they should have hired me back immediately. Instead, Judge Kalin ruled that, as a newspaper, the First Amendment gives the Times the right to publish anything, even lies, because of the anti-SLAPP law. Strike two.

Now we go to the Court of Appeals, where we will ask the Court to reverse Judge Kalin’s ruling.

I have a sharp new legal team for the appeal: appellate attorney Jeff Lewis and trial lawyer Roger Lowenstein. We’ve been strategizing and I feel we have a strong case base on the both the content and the spirit of the law, not to mention precedent.

We are drafting our appellate brief, which for anti-SLAPP the court considers de novo, or without consideration for the lower-court ruling. Then the Times gets to respond. Then the court sets a hearing date. Best guess right now is that the appeal will be heard in mid-2018.

If we prevail at that stage, then the case really begins: discovery, subpoenas, depositions of Times employees, etc. If we lose, that’s it. And I’ll owe the Times hundreds of thousands of dollars in THEIR legal fees. Anti-SLAPP is brutal and desperately needs reform to stop these megacorporations from abusing it to crush individual plaintiffs.

In the meantime, I will be incurring substantial costs related to the case, so if you feel inclined to support my fight against the collusion between the LA Times and LAPD Chief Charlie Beck, you can help out at http://gofundme.com/tedrall.

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LA Times Wins First Round of Anti-SLAPPs; Now On to the Appeal

When I filed suit to defend myself against repeated acts of libel by the LA Times and its parent company Tronc, I knew it was the beginning of a long, grueling and risky legal war against a wealthy corporation. Because they libeled me, and did so for sleazy LAPD chief Charlie Beck as part of a corrupt backroom deal, it was the right thing to do — so I did it.

Now I am at risk of losing everything I own. Still, I am fighting on.

Anti-SLAPP: Shortly after I sued in 2016, Times attorney Kelli Sager filed three “anti-SLAPP” motions against me in LA Superior Court. (Anti-SLAPP laws were written to protect individuals against big companies like the Times, but are in practice are often abused by corporations to quash critics and whistleblowers.)

My case can’t start until I get past anti-SLAPP. There is no discovery (the ability to subpoena documents and depose witnesses). If the Times wins anti-SLAPP my case is dismissed and the court will order me to pay their attorneys fees. The Times says those fees will be $300,000. They know I can’t afford that. That’s why they’re doing it–to try to ruin me and send a message to anyone else they decide to attack: fight back against us, and we will destroy you.

Fuck that.

The original judge in my case had ruled against the Times’ repeated motions to dismiss my case. In other words, she thought I had a case. But then she retired — months before the anti-SLAPP hearings, and before a new judge was assigned my case.

The first hearing, with oral arguments, was June 21, 2017. (This was only for the individual defendants: publisher Austin Beutner, reporter Paul Pringle, editorial page editor Nick Goldberg and readers rep Deirdre Edgar.) My lawyer, Carney Shegerian of Shegerian and Associates, inexplicably sent a young junior associate to go up against Sager, a senior partner at a huge anti-worker law firm with decades of experience. As I watched in disbelief, Sager wiped the floor with my lawyer.

Judge Joseph Kalin, in his 80s, was unfamiliar with my case. Kalin was a substitute judge brought back from retirement temporarily because the court was short-handed. Also, he is known for his pro-defense bias (I am the plaintiff.) To my knowledge, he has never ruled against an anti-SLAPP motion.

Kalin ruled against me from the bench. It was a disaster. Next week was the main event: the defendants LA Times and Tronc. So I asked Shegerian for a meeting to strategize, and suggested that a seasoned litigator was called for. Shegerian responded by emailing me a Notice of Termination.

In case you’re wondering: yes, it’s illegal for a lawyer to abandon his client days before a crucial hearing. Anyone considering retaining him should think twice lest they too be left in a lurch. Also, you might wonder if I was rude or intemperate in my communications. Never, ever. Trusted friends who are always honest with me — those are the only friends to have — read the emails and were shocked at how polite I was and how he reacted. This includes lawyers.

Self-Represented: Fired by my lawyer, I asked Kalin for time (a continuance) to find new counsel. Kalin gave me two weeks in all, but that’s not nearly enough time, especially during the summer and over a four-day holiday weekend. On July 14, 2017, he forced me to argue my own case against the Times and Tronc. You can read the transcript of that hearing here.

Adding to the absurdity, I actually found a lawyer, Roger Lowenstein, the day before July 14! Yet Kalin refused to grant me the courtesy of a continuance so Roger could read all the papers and prepare his own argument. (Lawyers across the country expressed disbelief that I wasn’t allowed this delay, but that’s what happened.)

Several weeks later, Kalin ruled against me on Tribune Interactive, another defendant. Why did he take so long the second time? Was it because my oral arguments gave him more to think about?

The Ruling: Times attorney Sager will read this (hi!) so can’t get into detail about what Kalin said in his ruling, but it’s a public record and I’ll send it to anyone interested. Suffice it to say that the judge got some important things wrong about both the facts of the case and the law. My favorite part was that Kalin actually forgot to rule on the Times and Tronc! You know, the primary defendants. He expressed surprise at a later hearing that he hadn’t included the main defendants, and then quickly added them.

Appeal: Anti-SLAPP rulings are automatically appealable to the California Court of Appeals, so whoever lost this round was going to appeal no matter what. My side has already filed the official notice of appeal with the court, so that process is beginning now. Under the statute, the appeals court looks at the matter de novo, in other words, with fresh eyes. They don’t consider the ruling of the lower court. The Court of Appeals is a three-judge panel.

If the Court of Appeals agrees that I have enough of a case to survive the anti-SLAPP statute, then discovery begins and the case begins in earnest. It’s hard to say exactly how long it will take to get before the court of appeals, but a rough estimate tells me the last half of 2018 seems about right.

In the event that the LA Times prevails, then I will have to pay hundreds of thousands of dollars in legal fees to them, my case disappears, and the practice of libel and defamation law in the state of California will be even more degraded than it already has been. More importantly, the newspaper’s management will continue to operate with impunity, deploying a slash and burn approach to going after their enemies, covering for the LAPD, and operating with reckless disregard for the truth.

If you are interested in supporting my work, you can contribute to my Patreon. If you want to simply support my case with a financial contribution, you can contribute to my GoFundMe. Expenses for this case will be considerable, including but not limited to court filing fees, preparation and printing of documents, travel between my home in New York and the courthouse in Los Angeles, etc.

Money aside, I especially appreciate anyone who helps spread the word about my struggle on social media, through their website, via their contacts in the media, and so on. I am available to speak about it in public if you’d like to invite me to your city to do so.

If they get away with what they did to me, they can do it to anyone else. And they will.

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Roger Lowenstein Will Represent Me Against the Los Angeles Times

I am happy to announce that storied litigator Roger Lowenstein will represent me in my lawsuit against The Los Angeles Times.

Assuming that my case survives the Times’ anti-SLAPP motions at the Court of Appeals level, Roger will handle the subsequent trial at Los Angeles Superior Court.

Roger will work alongside appellate attorney Jeffrey Lewis, whose representation I announced previously, at the appeals stage.

Confused? It’s supposed to be confusing!

Appellate courts are discrete from the “regular” trial courts. They have their own appellate courts and there are attorneys who only handle the appellate stage.

The regular trial court stage of anti-SLAPP is complete in my case. (We continue to await the court’s decision on two out of three of the Times’ anti-SLAPP motions.)

Next comes the Court of Appeals stage of anti-SLAPP. Jeff and Roger will work together on that.

If I make it past the appellate level of anti-SLAPP, we prepare for trial with discovery, subpoenas, etc. Roger will work as counsel there.

If there’s a verdict and an appeal, that would go back to the Court of Appeals, and then perhaps to the California State Supreme Court, and then maybe even SCOTUS.

I would prefer a quick resolution to this matter. So far, however, the Times seems completely unwilling to consider admitting that they screwed up in my case. Instead of doing the right thing and issuing a retraction and giving me back my job, they’re continuing to libel me with every second that those two libelous articles stay online, and fighting tooth and nail with a zillion ridiculous legal gambits — because they certainly can’t rely on the truth to help with their defense. So I’m prepared for this to go on a long time.

I hope I count on your support.

If you’d like to help defray my massive court costs and travel expenses — which I pay out-of-pocket — please contribute to my GoFundMe or support my work via Patreon.

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Rall v. LA Times: Read the Complete Transcript of Ted Rall Arguing Pro Se vs. the LA Times’ Top Litigator

As promised, I am making available here the complete hearing transcript of the July 14th hearing in which I was forced to represent myself pro se because the LA Times refused to give my new lawyer a continuance/delay so he could familiarize myself with my case.

Quick recap: I was the LA Times’ editorial cartoonist from 2009 to 2015. I drew lots of comics criticizing the police and LAPD Chief Charlie Beck. Having had enough of me and my cartoons, Beck asked the new publisher, a political ally, to fire me. The Times complied. They used a mostly-blank audio recording to say it didn’t back up one of my blogs, and published two articles characterizing me as a liar. A cleaned-up version of the audio showed I’d told the truth. The Times refused to retract or hire me back, so I sued.

The July 14th hearing was for a pair of anti-SLAPP motions filed by the Times in an attempt to get my case dismissed as frivolous and force me to pay their attorney’s fees. I was between lawyers — my previous firm had dumped me and my new ones were just coming on board — but Times litigator Kelli Sager refused a delay. So I did the oral arguments myself.

I was terrified. Read on:

Ted Rall v. Los Angeles Times (anti-SLAPP hearing), 7/14/17 by Ted Rall on Scribd

There were three anti-SLAPP motions in all. On June 21st my esrtwhile lawyer borked oral arguments on the individual defendants so badly the judge ruled against me from the bench right there and then. July 14th was the main event: motion #2 for the LA Times/Tronc and motion #3 for Tribune Media.

At this writing the court has not issued its ruling on #2 or #3.

What do you think?

How would you rule if you were the judge?

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SYNDICATED COLUMN: What Happened When I Represented Myself as My Own Lawyer

Image result for attorney pro se

For a cartoonist, I turned out to be a fairly decent lawyer. But I didn’t want to represent myself. It took two vicious lawyers to force me into that position.

One of those lawyers was mine.

I’m suing the Times because they repeatedly, knowingly and intentionally defamed me after firing me as a favor to LAPD Chief Charlie Beck, a thin-skinned pol I’d criticized in my editorial cartoons. The paper responded by turning California’s “anti-SLAPP” law, designed to protect people like me against corporations like the Times and its parent company Tronc, on its head; this $400 million corporation is accusing me — a five-figure income cartoonist — of oppressing its First Amendment rights by using my vast wealth to intimidate them.

Before my case is allowed to begin in earnest, anti-SLAPP requires a plaintiff (me) to convince a judge that, if everything I allege in my lawsuit turns out to be true, I’d likely win before a trial jury. But anti-SLAPP is as confusing as French grammar, so many judges interpret the law much more harshly than it’s actually written.

All the lawyers I talked to told me that I’d almost certainly win at trial if my case survived anti-SLAPP and made it to a jury. Ironically, getting past anti-SLAPP would be our toughest challenge.

The lawyer who took my case agreed with this assessment. But when oral arguments for the first of the Times’ three anti-SLAPPs against me took place on June 21st in LA Superior Court, his firm inexplicably assigned a junior associate, Class of 2013, to take on Kelli Sager.

Kelli Sager, who represents the Times, is a high-powered attorney with more than three decades of courtroom experience, a senior partner at Davis Tremaine Wright, an international law firm that represents giant corporations.

I liked my junior associate. She’s smart and may someday become a great lawyer. But she was no match for a shark like Kelli Sager. Sager talked over her. My lawyer let Sager get away with one brazen lie after another, either too unprepared or timid to respond. She couldn’t even answer the judge’s simple question to walk him through what happened to prompt my lawsuit.

It was a rout. Sager was eloquent and aggressive. My lawyer couldn’t begin to articulate my case, much less sway the judge. I lost that round.

Determined not to lose the all-important important hearing number two, against the Times and Tronc, I asked my law firm to meet for a strategy session. Bafflingly, they refused to confer or to send a more senior litigator to the next one. Another defeat was guaranteed.

Then my firm fired me — days before that key anti-SLAPP hearing. I had no idea that was even a thing, that that could happen.

I swear — it wasn’t me. I was professional and polite every step of the way. I have no idea why they left me hanging.

Normally in such situations, legal experts told me, the court grants a “continuance,” legalese for a delay, to give me time to look for a new attorney and allow him or her to familiarize themselves with the case. But it helps a lot if the opposing side says they’re OK with it.

A continuance is typically freely granted, even during the most ferocious legal battles. After all, you might be the one with a family emergency or whatever next time.

But Kelli Sager smelled blood. Figuring I’d be easier to defeat without legal representation, she fought ferociously against my requests for a continuance. Thus came about the following absurdity:

I found a new lawyer. But he needed a few weeks to get up to speed. True to her standard scorched-earth approach to litigation, Sager refused to grant me the courtesy of a continuance. So I was forced to rep myself in pro per (that’s what they call pro se in California) on July 14th.

My heart was pounding as I approached the plaintiff’s table, standing parallel to Sager. And I’m an experienced speaker! I’ve held my own on FoxNews. I’ve spoken to audiences of hundreds of people. I’ve hosted talk-radio shows. Yet dropping dead of a heart attack felt like a real possibility. I can’t imagine what this would feel like for someone unaccustomed to arguing in public.

The judge asked me to proceed. I nervously worked from prepared notes, explaining why my case wasn’t a “SLAPP” (a frivolous lawsuit I didn’t intend to win, filed just to harass the Times), that the anti-SLAPP law didn’t apply. I attacked the Times’ argument that their libelous articles were “privileged” (allowed) under anti-SLAPP because they were merely “reporting” on “official police records” about my 2001 jaywalking arrest.

If they’d been “reporting,” the articles would have had to follow the Times’ Ethical Guidelines, which ban anonymous sources, require careful analysis of evidence and calling subjects of criticism for comment. They didn’t come close. These weren’t news stories or even opinion pieces; they were hit jobs.

I explained that the records weren’t official at all, the LAPD denied releasing Beck’s unprovenanced audio, which differed from the official one at LAPD HQ. Much of the discussion was about legal minutiae rather than the broad strokes of what my case is about: I wrote a blog for latimes.com, the Times edited it and posted it, Chief Beck gave the Times a blank audio they said showed I’d lied about what I wrote, I had the audio cleaned up and it showed I’d told the truth, rather than issue a retraction when they found out they were wrong the Times refused to change their behavior and continued to insist I’d lied.

There’s also the big picture: if a newspaper’s parent company sells its stock to the police, and that newspaper’s publisher is a crony of the police chief who accepts awards from the police union, how can readers trust that newspaper not to suppress criticism of the police? Do Black Lives really Matter if investigations of police brutality don’t always make it to print, if writers and cartoonists have learned they can get fired and libeled if they annoy the cops?

I will soon receive a transcript of the hearing. I will post it at Rall.com.

Sager’s counterargument boiled down to: newspapers can publish anything they want, even lies, because the First Amendment protects free speech — as if libel and defamation law don’t exist.

Her defense for the Times was not that I lied. The audio makes clear that I didn’t. Her defense, the defense for a newspaper, was that the truth doesn’t matter.

Arguments ran over two hours.

On June 21st the judge ruled against my erstwhile lawyer directly from the bench.

On July 14th, I at least gave the judge something to think about. He took the matter “under consideration.”

I await his decision.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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Got Justice? I Desperately Need Your Help.

I need a new lawyer.

A courageous lawyer in LA? They’re hard to find. When I Googled “crusading Los Angeles attorney,” all I found were obituaries. But that’s what I need — because my lawyer dumped me days before the most crucial hearing of my case.

Image result for latimes lapd

So if you know a great wrongful termination and/or defamation lawyer in LA or in CA and able to litigate in LA, I need to hear from you post haste. You can email me here.

In 2015 I sued the LA Times for defamation and wrongful termination. This was after they published two articles accusing me of lying in a blog post based on an audio tape they claimed to have gotten from the LAPD. In fact, the audio proved I’d told the truth — but the Times still refuses to admit they’re wrong, publish a retraction and give me back my job as a cartoonist.

Rather than do the right thing and back down, the Times hit me with three “anti-SLAPP motions” that accuses mean old me, their former $300/week cartoonist, of suppressing the First Amendment rights of sweet little LA Times, owned by a wee $416 million corporation. They want me to pay them $300,000 for their legal fees. Believe it or not, they claim in LA Superior Court that they have the right to lie and defame people because they’re a newspaper and because there’s a “public interest” in what they publish.

On June 21, the Times won the first of their three anti-SLAPP hearings, against the individual defendants: Austin Beutner, the ex-publisher who received the sketchy audio from his pal LAPD Chief Charlie Beck; reporter Paul Pringle, who pretended to investigate it; and the authors of the two libelous articles about me, Nick Goldberg and Deirdre Edgar. This can be appealed within 60 days.

I can’t get into detail about what went down with my law firm, but the basics are this: I was always super polite and nice. After our June 21 defeat, I wanted to meet with my lawyers to discuss strategy so that we didn’t get beaten again at the June 28 hearing, the main event against the LA Times and Tronc, the Times’ parent company. They said no, they didn’t have time. I asked for a more experienced litigator. They said no.

They sent me a Notice of Termination. I don’t know why.

(To any lawyer reading this and considering whether to look at my case: I’ll send you all this stuff so you can see I’m telling you the real deal.)

So here’s the deal: Unless I find a new lawyer by Friday, July 14th, I — former $300/week cartoonist — will have to appear pro se, representing myself on California’s complicated anti-SLAPP law against one of the state’s top experts in the field, a partner at a giant law firm. It will be very Mr. Smith Goes to Washington, but I’m not a lawyer.

If I get a lawyer, he or she will get a few weeks to familiarize themselves with the case.

Lawyers all over California are turning me down: not enough time, too busy, on vacation, too complicated, troublesome to take over a case from another lawyer, conflict of interest. Even so, most agree that if we can get past anti-SLAPP and get our case in front of a jury, they will rule for justice and against the LA Times, which has been corrupted by the LAPD.

I knew there would be bumps in the road when I decided to take on the LA Times and by extension the LAPD, and this is a big one. I desperately need your help.

I can’t do this alone.

P.S. People are asking about the ACLU of Southern California. They are not returning my calls or emails.

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A Bad Day in Court

I got a taste yesterday of how Gary Webb, another victim of the LA Times’ corrupt relationships with sleazy government entities, may have felt. Here’s an update on my defamation and wrongful termination case against the LA Times:

Perhaps in order to run up her legal fees, LA Times attorney Kelli Sager split the defendants’ anti-SLAPP motions against me into three tranches of defendants, each with its own set of documents and hearing dates.

Yesterday LA Superior Court ruled in favor of the Times’ anti-SLAPP motion regarding the four individuals: fired former publisher and billionaire Austin Beutner, a political ally of the LAPD union who received a patrolman’s personal LAPD files in a secret meeting with LAPD Chief Charlie Beck that the Times refused to disclose to readers; editorial page editor Nick Goldberg, who authored a piece announcing my firing and calling me a liar, and then ignored evidence that he was mistaken; readers’ representative ombudsman Deirdre Edgar, who authored a second piece calling me a liar that itself contained multiple lies about said evidence; and reporter Paul Pringle, who failed a reporters’ basic responsibility to fully investigate the matter despite being assigned to do so.

This decision can be appealed to the Court of Appeals.

Next week, at 9 am on July 28th at LA Superior Court, the same court will consider the Times’ second tranche of anti-SLAPP motions, these for the corporate entities the LA Times and its parent company Tronc (formerly Tribune Publishing).

Anti-SLAPP was designed by the California state legislature to protect individuals expressing their free speech rights from being silenced by deep-pocketed corporations using frivolous lawsuits to intimidate them and others. Ironically, the Times — owned by Tronc, a $420 million corporation — is abusing the statute to try to destroy me, their former $300/week cartoonist.

Until anti-SLAPP is resolved, discovery is not allowed. I have to prove, without discovery, that I am likely to prevail before a jury. If the Times ultimately prevails on anti-SLAPP, I would be ordered to pay the Times’ legal fees, which the Times said last year would amount to at least $300,000.

The fight continues.

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Rall v. LA Times: Lawsuit Update

Here’s the latest on my defamation and wrongful termination lawsuit against the Los Angeles Times.

At the first of three hearings to consider the Times’ anti-SLAPP motions against me, the judge in the case chastised both the Times’ and my attorneys for violating court rules governing page counts.

The problem began because Times’ attorney Kelli Sager submitted a 27.5 page anti-SLAPP motion against me, asking the court to dismiss my suit and award the Times’ its six-figure legal bill. Court rules limit the page count to 15.

We adhered to the 15-page limit, but it wasn’t possible to reply to 27.5 pages of argument with 15 pages. So in order to effectively counter the Times’ 27.5 page motion, we used a smaller font size.

According to Law360.com: “At the start of the hearing, Los Angeles Superior Court Judge Teresa Sanchez-Gordon announced she was continuing the hearings on all three motions to future dates and asked that the parties respectively submit amended court filings ‘in compliance with court’s rules and without appendices and footnotes.’ The refiled documents should not exceed 20 pages, she said. ‘I just want both of you to adhere to the California Rules of Court, that’s all I’m saying,’ Judge Sanchez-Gordon said. ‘I’m continuing this because I could not get through [them], I’m sorry.'”

Both the Times and I will resubmit revised anti-SLAPP and opposition to anti-SLAPP motions, respectively, to the court for hearings to be held in June and July.

“Many cartoonists in the States will watch what ensues with interest, considering it a timely test of the First Amendment,” reports Cartoonist Rights Network International.

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