Pucci v. 495 Productions CA2/2

Filed 11/10/15 Pucci v. 495 Productions CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

PHILIP PUCCI, B257693

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC538086) v.

495 PRODUCTIONS, INC., et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County. Richard L. Fruin, Jr., Judge. Affirmed.

Doll Amir & Eley, Gregory L. Doll, Ronald M. St. Marie and L. Katie Fulsher, for Defendants and Appellants.

Hurwitz, Orihuela & Hayes and Douglas B. Hayes for Plaintiff and Respondent.

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This case is yet another example of the misuse of the special motion to strike under Code of Civil Procedure section 425.16, the “anti-SLAPP statute.”1 After an employee sued his former employer on various causes of action, the employer filed an anti-SLAPP motion to strike the cause of action for defamation. The trial court denied the motion finding no protected activity. We affirm the order on both procedural and substantive grounds. FACTUAL AND PROCEDURAL BACKGROUND Defendant and appellant 495 Productions, Inc. (495 Productions) produces reality television shows, including “Jersey Shore.” For four months from October 26, 2012, until his termination on February 26, 2013, plaintiff and respondent Philip Pucci (Pucci) worked as an assistant editor for 495 Productions. During this period, defendant and appellant Ryan Abbott (Abbott) was Pucci’s supervisor. In August and September 2013, Pucci filed with the National Labor Relations Board (NLRB) original and amended charges against 495 Productions, alleging that 495 Productions had terminated him in retaliation for engaging in protected union activities and had an overly broad release agreement. In November 2013, the NLRB notified Pucci that it was dismissing all but one of his allegations. Specifically, the NLRB had found insufficient evidence to establish that 495 Productions had violated labor laws, but the allegation that 495 Productions maintained an overly broad release agreement remained “subject to further proceedings.” Subsequently, 495 Productions entered into a settlement agreement with the NLRB regarding the release agreement. The NLRB notified Pucci in January 2014 that, in light of the settlement, it would not institute further proceedings. Pucci had the right to appeal the NLRB’s decision until February 11, 2014, but did not do so.