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PATERNO v. SUPERIOR COURT

No. G038555.

163 Cal.App.4th 1342 (2008)

SUSAN PATERNO, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; AMPERSAND PUBLISHING, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 13, 2008.

Attorney(s) appearing for the Case

Holland & Knight, Charles D. Tobin, Judith F. Bonilla and Shelley G. Hurwitz for Petitioner.

No appearance for Respondent.

Dreier Stein & Kahan, Stanton L. Stein, Samuel R. Pryor, Lauren Sudar and Jesse M. Leff for Real Party in Interest.

OPINION

ARONSON, J.

Here we consider whether a plaintiff in a defamation action subject to the constitutional malice standard established the requisite "good cause" (Code Civ. Proc., § 425.16, subd. (g)) to conduct discovery, thereby delaying resolution of the defendant's pending anti-SLAPP motion.1 We conclude that where, as here, the plaintiff fails to demonstrate the allegedly defamatory statements...

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