California, United States of America
The following excerpt is from Citizens of Humanity, LLC v. Hass, 259 Cal.Rptr.3d 380, 46 Cal.App.5th 589 (Cal. App. 2020):
3 By way of comparison, in a trade libel action by a clothing company against a nonprofit and its employee, the company demonstrated minimal merit to defeat an anti-SLAPP motion as to the distribution of allegedly defamatory flyers. A videotape showed the employee participating in the protest with a stack of flyers and also depicted flyers in the hands of passerby. Although there were no images of the employee actually handing out any leaflets, the evidence supported a reasonable inference that he distributed at least some of them. (Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles (2004) 117 Cal.App.4th 1138, 11491150, 12 Cal.Rptr.3d 493.) Recognizing that an inference may not rest on conjecture (id. at p. 1149, 12 Cal.Rptr.3d 493 ), no such inference can reasonably be drawn here.
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