Wong v. Tai Jing

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

12/11/2008

Status: 

Pending

Location: 

California

Disposition: 

Dismissed (partial)
Withdrawn

Verdict or Settlement Amount: 

N/A
Yvonne Wong, a pediatric dentist from Foster City, CA sued Tai Jing and Jia Ma, the parents of a boy she treated, after they allegedly posted a negative review about her on Yelp!, a consumer review website.  Wong also named... read full description
Parties

Party Receiving Legal Threat: 

Tai Jing; Jia Ma; Yelp! Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Intermediary

Location of Party: 

  • California

Location of Party: 

  • California

Legal Counsel: 

Mark A. Goldowitz - California Anti-SLAPP Project (for Tai Jing and Jia Ma)
Description

Yvonne Wong, a pediatric dentist from Foster City, CA sued Tai Jing and Jia Ma, the parents of a boy she treated, after they allegedly posted a negative review about her on Yelp!, a consumer review website.  Wong also named Yelp! Inc. as a defendant. The complaint contained three causes of action: first, a claim of libel against all three defendants; second, a claim of intentional infliction of emotional distress against Jing and Ma; and third, a claim of negligent infliction of emotional distress against Jing and Yelp!  Wong's attorney subsequently told the San Francisco Chronicle that he would dismiss the claims against Yelp because section 230 of the Communications Decency Act bars recovery against the website for publishing third-party content.

Update:

01/21/2009 - Tai Jing, Jia Ma, and Yelp! Inc. filed a special motion to strike the complaint under California's anti-SLAPP law (Cal. Code Civ. Proc. § 425.16).

02/03/2009 - Wong voluntarily dismissed the claims against Yelp!

03/18/2009 - The court denied Tai Jing and Jia Ma's motion to strike under California's anti-SLAPP law.

7/15/2009 -  Defendants filed their opening brief in the Sixth Appellate District.  Plaintiff responded on 9/14/2009 and Defendants filed their reply on 10/9/2009. 

11/9/2010 - The Sixth Appellate District issued a ruling dismissing all claims against Jia Ma and Yelp!, and both emotional distress claims against Tai Jing, under California's Anti-SLAPP statute.  The Court left intact the claim against Jing for libel.

05/12/2011 - On remand, the Superior Court awarded Jia Ma, Tai Jing, and Yelp! a total of $80,741.15 in legal fees for the claims dismissed under California's Anti-SLAPP statute. Yvonne Wong's libel claim against Tai Jing (as sole author of the Yelp! review) remains pending. 

Details

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
  • Consumer Ratings and Reviews
  • User Comments or Submissions
Court Information & Documents
CMLP Information (Private)

CMLP Notes: 

JS Editing