Moline v. CBS News CA2/4

Filed 10/3/14 Moline v. CBS News CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

MARGARET A. MOLINE, B245468

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC462111) v.

CBS NEWS INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory Alarcon, Judge. Affirmed. Margaret Moline, in pro. per., for Plaintiff and Appellant. Jeffer, Mangels, Butler & Mitchell and John J. Lucas, for Defendant and Respondent.

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Margaret Moline appeals from a judgment in favor of respondent CBS News Inc. (CBS). The judgment was entered after the trial court sustained in part CBS’s demurrer to Moline’s complaint and granted its special motion to strike her remaining claim under the anti-SLAPP statute (Code Civ. Pro., § 425.16).1 CBS was awarded attorney fees and costs. Moline argues she should be allowed to amend her complaint and proceed to a jury trial. We find no error and affirm.

FACTUAL AND PROCEDURAL SUMMARY On February 15, 2008, a local CBS-owned television station in New York broadcast a report about a device called the “Electro Physiological Feedback Xrroid system” (EPFX). The report stated that “thousands of practitioners around the country . . . say it can detect, even treat diseases,” but only one practitioner, Kathryn Krosta in New Jersey, was mentioned by name. According to the report, the EPFX was not supported by studies or approved by the Food and Drug Administration, and it was banned in the United States; its inventor was a wanted felon. The report suggested people with serious health problems were taken advantage of. In May 2011, Moline, in propria persona, filed a complaint for fraud and negligent misrepresentation against CBS. She alleged the claims that the EPFX was illegal and its inventor a felon were false, that the report was available online at least until August 2010, and that it adversely affected Moline’s business as “a bio-feedback practitioner.” CBS demurred. After the court granted her an extension to oppose the demurrer, Moline, through counsel, filed a first amended complaint against CBS and the reporter, Kirstin Cole. The first amended complaint alleged the report was published on August 10, 2010. It included causes of action for libel, intentional interference with contractual relations, intentional interference with prospective economic advantage, negligent infliction of