RIAG Wins Court Of Appeal Case In Published Decision.

Our client, Stafford Bailey, produced reality show entitled Blacks Without Borders, about African Americans who moved to South Africa. The cameraman he employed, Michael Brewer, sued Bailey, claiming that he was either Bailey’s partner or that he owned the footage he shot, and lost. Bailey licensed the show to Showtime, but Brewer wrote to Showtime, claiming that he owned the show, and thereby caused Showtime to refuse to Pay Bailey the license fee until the dispute had been resolved. Bailey also wrongfully interfered with other opportunities to market the film. We filed suit on Bailey’s behalf against Brewer seeking damages for wrongful interference. Brewer filed an anti-SLAPP motion, arguing that Brewer’s statements to Showtime were not actionable because they were covered by the litigation privilege. Bailey argued that Brewer could not show a good faith intent to litigate because he had lost his small claims court action and was therefore barred from re-litigating the matter. The trail court agreed and denied the anti-SLAPP motion. Brewer appealed. The Court of Appeal affirmed the trial court’s decision for the same reason, and awarded costs to Bailey. Its published opinion (197 Cal.App.4th 791) has already been cited at least once by other courts. Click here for the full opinion.