Traditional Cat Association, Inc. v. Gilbreath

118 Cal. App. 4th 392, 13 Cal. Rptr. 3d 353 (2004)

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Traditional Cat Association, Inc. v. Gilbreath

California Court of Appeals
118 Cal. App. 4th 392, 13 Cal. Rptr. 3d 353 (2004)

SH

Facts

Diana Fineran (plaintiff) was president of the Traditional Cat Association (TCA) (defendant). Fineran left the organization due to disputes about her leadership, and she formed the Traditional Cat Association, Inc. (TTCA) (plaintiff). Fineran and TTCA filed several suits against TCA and its officers, including Laura Gilbreath (defendant). During that time, an officer for TCA started a website that claimed to report on the litigation. Fineran and TCA filed this suit for defamation based on statements made on the website. At the time the suit was filed, the website had been up for more than a year and had not been altered within the previous year. Gilbreath and TCA filed to strike the action on the grounds that it had been filed outside California’s one-year statute of limitations for defamation cases. The trial court denied the motion, and Gilbreath and TCA appealed.

Rule of Law

Issue

Holding and Reasoning (Benke, J.)

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