Sparks v. EHM Productions CA2/3

Filed 5/2/14 Sparks v. EHM Productions CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

PHIL SPARKS, B250477

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC505961) v.

EHM PRODUCTIONS, INC.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Debre Weintraub, Judge. Affirmed. Phil Sparks, in pro. per., for Plaintiff and Appellant. Jason Beckerman for Defendant and Respondent.

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Plaintiff and appellant Phil Sparks (Sparks), in propria persona, appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendant and respondent EHM Productions, Inc., the production company for TMZ.com (hereafter, TMZ). 1 The issues presented include whether TMZ met its burden to show Sparks’s libel suit arose from protected activity by TMZ, and whether Sparks, in resisting the special motion to strike, demonstrated his claims had the requisite minimal merit to withstand the defense motion. We perceive no error in the trial court’s ruling and affirm the order granting the special motion to strike. Additionally, on this court’s own motion, following the issuance of an order to show cause, we determine Sparks is a vexatious litigant who shall be subject to a prefiling order. (§ 391.7.) FACTUAL AND PROCEDURAL BACKGROUND 1. Pleadings. On April 15, 2013, Sparks filed suit against TMZ for damages for libel and intentional infliction of emotional distress (IIED). He alleged in relevant part: On July 30, 2012, the sheriff’s department served him with a restraining order obtained by Sheryl Crow (Crow). Later that day, TMZ published a story falsely claiming that Sparks had gone to the offices of the Screen Actors Guild and threatened to shoot Crow. On August 14, 2012, prior to a hearing concerning restraining orders sought by Crow and Harvey Weinstein (Weinstein), TMZ interviewed Sparks at the Santa Monica courthouse. TMZ then published another story falsely stating that Sparks had threatened to shoot Crow and Weinstein. In the story, TMZ used quotes from Weinstein to the