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Home > Pratt v. McMahon

Pratt v. McMahon [1]

Submitted by DMLP Staff on Tue, 09/16/2008 - 18:07

Summary

Threat Type: 

Lawsuit

Date: 

01/06/2006

Status: 

Pending

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Jeffrey Pratt, a lawyer at the California law firm Peters & Freedman, sued Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center, which describes itself as... read full description
Parties

Party Receiving Legal Threat: 

Elizabeth McMahon; Arnold McMahon

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • California

Location of Party: 

  • California

Legal Counsel: 

Pro se

Legal Counsel: 

Philip A. Putman
Description
Jeffrey Pratt, a lawyer at the California law firm Peters & Freedman, sued
Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center [2], which describes itself as a “public interest interactive website for homeowners” to "help citizens in homeowner associations . . . take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them."

Pratt asserts in his complaint that the McMahons falsely accused him and the firm, which specializes in homeowners’ association law, of committing illegal and unprofessional conduct while representing homeowners associations in various lawsuits. The law firm also sued the McMahons for libel. See the related entry, Peters & Freedman, LLP v. McMahon [3], for more information.

On December 13, 2006, the McMahons filed a motion under California's anti-SLAPP statute [4] to strike the complaint, arguing that the plaintiff's claims arose from the exercise of their constitutional rights to freedom of speech and to petition for the redress of grievances.

On January 17, 2007, the court denied the motion to dismiss, and a California appellate court affirmed, holding that the comments “do not concern a public issue."

Related Links: 

  • Metropolitan News-Enterprise: C.A. Upholds Denial of Anti-SLAPP Motion in Suit by Law Firm [5]
  • Edgewater Isle: AHRC May Be Down Because... [6]
  • The Privatopia Papers: Speculation about a possible explanation for the disappearance of AHRC? [7]
  • MLRC Legal Actions Against Bloggers [8]
  • Orange County Superior Court Case Docket [9] (search by case name)
  • California 4th Appellate District Division 3 Appellate Court Case Summary [10]
  • Related CMLP Threat Entry: Peters & Freedman, LLP v. McMahon [3]
Details

Web Site(s) Involved: 

American Homeowners Resource Center [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • SLAPP
  • Real Estate
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • California

Court Name: 

Orange County Superior Court

Court Type: 

State

Case Number: 

06CC01968 (trial); G038236 (appeal)
CMLP Information (Private)

Threat Source: 

MLRC

CMLP Notes: 

To-do: Get complaint and other court documents

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

Links
[1] https://www.dmlp.org/threats/pratt-v-mcmahon
[2] http://www.ahrc.com/new/index.php/src/news
[3] https://www.dmlp.org/threats/peters-freedman-llp-v-mcmahon
[4] https://www.dmlp.org/legal-guide/anti-slapp-law-california
[5] http://www.metnews.com/articles/2007/pete103107.htm
[6] http://www.edgewaterisle.com/ahrc/
[7] http://privatopia.blogspot.com/2007/02/speculation-about-possible-explanation.html
[8] http://www.medialaw.org/Template.cfm?Section=Home&Template=/ContentManagement/ContentDisplay.cfm&ContentID=6550
[9] https://ocapps.occourts.org/CivilPub/SearchCase.do
[10] http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=43&doc_id=533768&doc_no=G038236