Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Grogan v. Hilliard

Grogan v. Hilliard [1]

Submitted by DMLP Staff on Tue, 04/21/2009 - 18:07

Summary

Threat Type: 

Lawsuit

Date: 

05/30/2008

Status: 

Pending

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
Intentional Infliction of Emotional Distress
On May 30, 2008, John Grogan filed a lawsuit in California state against Ralph Hilliard, John Trimarco, Joseph Paolella, Jack Trimarco & Associates Polygraph/Investigations, Inc., Wordnet Solution, Inc., and several John Does alleging defamation, invasion of privacy (false light), and intentional infliction... read full description
Parties

Party Receiving Legal Threat: 

Ralph Hilliard; Joseph Paolella; John Trimarco a.k.a. Jack Trimarco; Jack Trimarco & Associates Polygraph/Investigations, Inc.; Wordnet Solution, Inc.; Does 1-20

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Location of Party: 

  • California

Location of Party: 

  • California
  • Georgia

Legal Counsel: 

George Baltaxe; Adrianos Facchetti

Legal Counsel: 

Joseph Paolella (Pro se); Richard A. Harvey (for John Trimarco and Jack Trimarco & Associates); Bruce Voss & Edgar Johnson - Voss & Johnson (for John Trimarco and Jack Trimarco & Associates); Tim Agajanian (for Ralph Hilliard and Wordnet Solution, Inc.)
Description

On May 30, 2008, John Grogan filed a lawsuit in California state against Ralph Hilliard, John Trimarco, Joseph Paolella, Jack Trimarco & Associates Polygraph/Investigations, Inc., Wordnet Solution, Inc., and several John Does alleging defamation, invasion of privacy (false light), and intentional infliction of emotional distress.  

In his complaint, Grogan alleged that Paolella wrote a letter to Trimarco which contained false, malicious, and libelous statements.  Grogan also alleged that Trimarco called into a radio show that Grogan was a guest on and made several false and defamatory statements.  Finally, Grogan alleged that Hilliard created two websites, PolygraphPlace.com and TheTruthAboutGrogan.org, and used them to repeat the statements Trimarco made during the radio show, to make additional false and defamatory statements, and to link to other defamatory content.

In June and August 2008 respectively, Paolella and Trimarco filed motions to strike the complaint under California's anti-SLAPP law (Cal. Code Civ. Proc. § 425.16 [2]).  Trimarco argued that Grogan qualified as a public figure and that the statements involved were statements of opinion.  In August, Hilliard and Wordnet Solutions filed an answer, asserting several affirmative defenses.

In October 2008, the court issued a tentative ruling on Trimarco's motion to strike, finding that Grogan had produced evidence sufficient to avoid dismissal under the anti-SLAPP law. 

The trial is currently scheduled for August 2009.

UPDATE: 

On or before 5/28/2009, the case settled, according to AntiPolygraph.org and TruthAboutGrogan.org [3]

"The Parties to the Lawsuit filed by Mr. Grogan against Ralph Hilliard and others as entitled Grogan vs. Paollela et. al. Los Angeles Superior Court Case No.: BC391778 ("Lawsuit") has been settled by and between Mr. Grogan, Mr. Hilliard and Mr. Hilliard's Company, Wordnet Solutions, Inc. for an undisclosed amount and that no party in any way admits liability or wrongdoing of any sort and the parties have agreed to settle to avoid the cost and inconvenience of litigation and such settlement shall not constitute an admission of liability by any party".

Related Links: 

  • Anti-Polygraph.org: Polygraph Litigation [4]
Details

Web Site(s) Involved: 

www.truthaboutgrogan.org

www.polygraphplace.com

Content Type: 

  • Audio
  • Text

Publication Medium: 

Broadcast
Print
Website

Subject Area: 

  • Defamation
  • SLAPP
  • False Light
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • California

Court Name: 

Superior Court of the State of California, County of Los Angeles

Court Type: 

State

Case Number: 

BC391778

Relevant Documents: 

PDF icon 2008-05-30-Grogan Complaint.pdf [5]
PDF icon 2008-06-27-Paolella Motion to Strike Complaint.pdf [6]
PDF icon 2008-08-06-Memo In Support of Trimarco's Motion to Strike.pdf [7]
PDF icon 2008-08-06-Trimarco Declaration.pdf [8]
PDF icon 2008-08-06-Trimarco Request for Judicial Notice.pdf [9]
PDF icon 2008-08-08-Hilliard Answer to Complaint.pdf [10]
PDF icon 2008-10-24-Tentative Ruling Motion to Strike.pdf [11]
PDF icon 2008-07-22-Grogan's Memo In Opposition to Motion to Strike Under 425.16 C.C.P..pdf [12]
PDF icon 2008-10-24-Grogan's Memo in Opposition to Trimarco's Motion to Strike.pdf [13]
PDF icon 2008-10-16-Grogan Opposition to Paolella's Notice of Demurrer.pdf [14]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

User Feedback

CMLP Notes: 

Sent request for documents. {MCS}

avm- 6/15/09- noted settlement but will not move to concluded till i can upload the order

RPK

DMLP Logo


Source URL (modified on 08/20/2014 - 11:07pm): https://www.dmlp.org/threats/grogan-v-hilliard

Links
[1] https://www.dmlp.org/threats/grogan-v-hilliard
[2] http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=327285145+0+0+0&WAISaction=retrieve
[3] http://www.truthaboutgrogan.org
[4] https://antipolygraph.org/litigation.shtml
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-30-Grogan%20Complaint.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-06-27-Paolella%20Motion%20to%20Strike%20Complaint.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-06-Memo%20In%20Support%20of%20Trimarco%27s%20Motion%20to%20Strike.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-06-Trimarco%20Declaration.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-06-Trimarco%20Request%20for%20Judicial%20Notice.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-08-Hilliard%20Answer%20to%20Complaint.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-10-24-Tentative%20Ruling%20Motion%20to%20Strike.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-07-22-Grogan%27s%20Memo%20In%20Opposition%20to%20Motion%20to%20Strike%20Under%20425.16%20C.C.P..pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-10-24-Grogan%27s%20Memo%20in%20Opposition%20to%20Trimarco%27s%20Motion%20to%20Strike.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-10-16-Grogan%20Opposition%20to%20Paolella%27s%20Notice%20of%20Demurrer.pdf