Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Donald Trump could get SLAPPed

Appeals court reverses Judge Irma Gonzalez in case critical to consumers' rights

In a lawsuit whose outcome might be critical to the ability of individuals and journalists to smoke out bad business practices, the Ninth Circuit Court of Appeals on Wednesday (April 17) told U.S. District Court Judge Irma Gonzalez to think again about her decision permitting Donald Trump's Trump University to sue for defamation a former customer who said she was defrauded out of thousands of dollars. Suing Trump University in the class action suit was Tarla Makaeff and others who had paid heavily to take a real estate course "purporting to teach Trump's 'insider success secrets,'" according to the appellate decision. "Trump University has not been shy about touting its connection to its eponymous creator," noted the decision, pointing out that the so-called university claimed in advertising that it was "the next best thing to being [Trump's] Apprentice," urging potential enrollees to "learn from the Master." The appeals court said Trump U was encouraging inexperienced investors to take imprudent risks.

Makaeff complained about the alleged university to the Better Business Bureau (which at one point gave it an extremely low grade), made derogatory web postings, and charged the organization with "fraudulent business practices," "predatory high pressure closing tactics," and other transgressions. After Makaeff sued, Trump U countersued for defamation. Makaeff then moved to strike the defamation suit with a so-called anti-SLAPP suit. (SLAPP stands for strategic lawsuit against public participation, or a suit that is intended to intimidate or silence a critic by threatening a lawsuit.)

But Gonzalez ruled that Trump University was not a public figure, and denied the motion to strike the suit under the anti-SLAPP provision. The appeals court, however, ruled that Gonzalez was wrong. Because of Trump U's widely-circulated advertising claims, among other things, Trump U was a limited public figure. To prevail in its defamation claim, Trump U must demonstrate that Makaeff acted with actual malice, said the appeals court.

In my non-legal opinion, if Gonzalez's ruling were to stand and eventually become a precedent, the ability of consumers to complain about shoddy or fraudulent products and services -- and journalists' ability to expose business fraud -- could become severely compromised. Anti-SLAPP suits are very important in protecting consumers' rights, free speech, and journalists' duty to expose fraud.

Arguing for Makaeff were San Diego law firms Robbins Geller Rudman & Dowd and Zeldes & Haeggquist.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Raging Cider & Mead celebrates nine years

Company wants to bring America back to its apple-tree roots
Next Article

Ramona musicians seek solution for outdoor playing at wineries

Ambient artists aren’t trying to put AC/DC in anyone’s backyard

In a lawsuit whose outcome might be critical to the ability of individuals and journalists to smoke out bad business practices, the Ninth Circuit Court of Appeals on Wednesday (April 17) told U.S. District Court Judge Irma Gonzalez to think again about her decision permitting Donald Trump's Trump University to sue for defamation a former customer who said she was defrauded out of thousands of dollars. Suing Trump University in the class action suit was Tarla Makaeff and others who had paid heavily to take a real estate course "purporting to teach Trump's 'insider success secrets,'" according to the appellate decision. "Trump University has not been shy about touting its connection to its eponymous creator," noted the decision, pointing out that the so-called university claimed in advertising that it was "the next best thing to being [Trump's] Apprentice," urging potential enrollees to "learn from the Master." The appeals court said Trump U was encouraging inexperienced investors to take imprudent risks.

Makaeff complained about the alleged university to the Better Business Bureau (which at one point gave it an extremely low grade), made derogatory web postings, and charged the organization with "fraudulent business practices," "predatory high pressure closing tactics," and other transgressions. After Makaeff sued, Trump U countersued for defamation. Makaeff then moved to strike the defamation suit with a so-called anti-SLAPP suit. (SLAPP stands for strategic lawsuit against public participation, or a suit that is intended to intimidate or silence a critic by threatening a lawsuit.)

But Gonzalez ruled that Trump University was not a public figure, and denied the motion to strike the suit under the anti-SLAPP provision. The appeals court, however, ruled that Gonzalez was wrong. Because of Trump U's widely-circulated advertising claims, among other things, Trump U was a limited public figure. To prevail in its defamation claim, Trump U must demonstrate that Makaeff acted with actual malice, said the appeals court.

In my non-legal opinion, if Gonzalez's ruling were to stand and eventually become a precedent, the ability of consumers to complain about shoddy or fraudulent products and services -- and journalists' ability to expose business fraud -- could become severely compromised. Anti-SLAPP suits are very important in protecting consumers' rights, free speech, and journalists' duty to expose fraud.

Arguing for Makaeff were San Diego law firms Robbins Geller Rudman & Dowd and Zeldes & Haeggquist.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Vassallo, Back in San Diego, Shows Up in Court

Next Article

Trump attorneys told no again

Can't argue for witnesses who aren't suing his defunct real estate university
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader