Park v. Board of Trustees of California State University

2 Cal. 5th 1057, 217 Cal. Rptr. 3d 130, 393 P.3d 905 (2017)

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Park v. Board of Trustees of California State University

California Supreme Court
2 Cal. 5th 1057, 217 Cal. Rptr. 3d 130, 393 P.3d 905 (2017)

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Facts

Sungho Park (plaintiff), who was of Korean national origin, was an assistant professor at California State University, Los Angeles. Park sued the Board of Trustees of California State University (university) (defendant) for discrimination after he was denied tenure. Park alleged that White colleagues with similar or poorer performance records received tenure. Park further alleged that a university dean had made comments that evidenced a discriminatory animus. The university asserted that Park’s suit constituted a Strategic Lawsuit Against Public Participation (SLAPP) and therefore filed an anti-SLAPP motion to strike. Anti-SLAPP motions targeted claims arising from the defendant’s acts in furtherance of the defendant’s constitutional rights of petition and free speech in connection with public issues. The anti-SLAPP statute identified four specific categories of acts that qualified for protection, including statements made in connection with an official proceeding. To prevail on an anti-SLAPP motion, a defendant had to initially establish that the plaintiff’s claim arose from the defendant’s protected activity. The burden then shifted to the plaintiff to show that his claim had minimal merit. The trial court denied the university’s motion. The court of appeal reversed, ruling that Park’s claim arose out of the university’s protected activities because those activities contributed to its decision to deny Park tenure. Specifically, the appellate court concluded that the communications leading up to the university’s decision occurred in connection with the tenure decision process, an official proceeding. The California Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

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