Balsamo v. Traughber CA2/6

Filed 2/25/21 Balsamo v. Traughber CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

DENNIS JAMES BALSAMO, 2d Civ. No. B299926 (Super. Ct. No. 19CV01747) Plaintiff and Respondent, (Santa Barbara County)

v.

BILLY GENE TRAUGHBER, et al.,

Defendants and Appellants.

Respondent Dennis James Balsamo and appellant Billy Gene Traughber are competing promotors of professional wrestling events in Santa Barbara and San Luis Obispo Counties. Following a business dispute, Balsamo, who is also an attorney, filed a complaint for defamation against Traughber, his girlfriend, Kari Rockwood-Robinson aka Karen Leigh, and his mother, Cindy Bolding (collectively “appellants”). Balsamo alleges appellants referred to him as a “thief” and an “incompetent attorney” in Facebook postings and in

conversations and texts with members of the local wrestling community. Appellants moved to strike Balsamo’s complaint on the ground that it is a strategic lawsuit against public participation (SLAPP). (Code Civ. Proc., § 425.16.)1 The trial court denied the anti-SLAPP motion because it was “not persuaded that this is a matter of public interest.” We affirm. FACTUAL AND PROCEDURAL BACKGROUND Traughber is a professional wrestler. In 2009, he began promoting local wrestling events under the name Vendetta Pro Wrestling (VPW). Traughber did not register VPW as a fictitious business name or formally organize it as a business entity. Traughber had a group of wrestlers who regularly worked his events. In 2014, he had a falling out with some of the wrestlers, who decided to start a rival wrestling promotion company called Cen-Cal Professional Wrestling & Entertainment, Inc. (Cen-Cal). The wrestlers, which included Balsamo’s son Dominick Balsamo (Dominick), retained Balsamo’s firm to incorporate Cen-Cal. The new corporation initially had five directors. Balsamo served as a shareholder, officer and director. The friction between VPW and Cen-Cal was immediate. Traughber told wrestlers they could no longer work for him if they wrestled for Cen-Cal. Cen-Cal responded by registering “Vendetta Pro Wrestling” as its fictitious business name and informing Traughber he no longer had the legal right to use the VPW name.