As a rule, I don't write about appellate cases in which I have some involvement, on the theory that I'm not neutral, and it doesn't add much to have an advocate state whatever position they might have on an appeal that's already been adjudicated.
Fortunately, even though I know a fair piece about the underlying events, I didn't participate in any of the resulting litigation, so my rule doesn't apply to this opinion published by the Court of Appeal today. Hence my brief words about it.
It's a case down here in San Diego. It involves -- confusingly -- a plaintiff named Chad Bishop ("Bishop") who's suing a secondary school at which he was a teacher called The Bishop's School ("Bishop's"). So it's tough at times for an outsider to necessarily keep the parties straight.
The case involves a salacious tale of a teacher fired for an allegedly flirtatious text exchange with a 19-year old former student. A text exchange that Justice Buchanan helpfully quotes in full. Check it out on pages 3 and 4 of the opinion.
Chad (Bishop) sues the school (Bishop's) for breach of contract, which is fairly straightforward, as well as defamation for telling parents and a newspaper about the circumstances of the firing. The school files an anti-SLAPP motion, which the trial court grants in part, largely striking the defamation claim but leaving the contract claim. The Court of Appeal substantially affirms, but holding that one portion of the claim for defamation (involving Bishop's termination letter) didn't arise out of protected activity.
Justice Buchanan's opinion accurately resolves the appeal, in my view. Seems fairly straightforward and correct to me. Just two points:
First, this shows the strategic downside of bringing defamation claims. Plaintiff's got a just fine claim for breach of contract, and one that survives a demurrer. The claim for defamation is not only weaker, but also invariably will bring an anti-SLAPP motion. Which will either (1) be successful, thus resulting in a waste of time and money on your end, as well as an award of attorney's fees against your client, or (2) fail, but nonetheless still waste your time and money, as well as likely result in an anti-SLAPP appeal that requires the expenditure of further time and money, as well as delays the lawsuit for a year or two while it sits up in the Court of Appeal.
So think deeply before bringing defamation claims, okay? Even if you think they might survive.
Second, I wonder whether Justice Buchanan might want to consider amending the opinion to refer to the 19-year old female student by her initials, rather than her full name. This near-minor sent drunken texts to one of her older male former teachers at I'm certain she regrets and that ultimately resulted in the teacher getting fired and litigation arise. She's not a party to the appeal and probably would rather not have the opinion -- and the full content of her text exchange -- pop up on the first page every time someone searches her name on the Internet. Yes, she's not technically a minor, since this all transpired months after her 18th birthday. (Hence the allegedly large number of margaritas in Mexico that led to the text exchanges.)
But still.
Seems to me the opinion would be just as readable using her initials or her not-so-unusual first name. (Plus it's got all those confusing "Bishop v. Bishop's" in the thing anyway, so it's not like readability is at a premium anyway.)
So think about that.
FULL DISCLOSURE - All my children either graduated from or currently attend the school at issue (Bishop's), and I previously served alongside the author of the opinion (Justice Buchanan) on the board of directors of a nonprofit entity. But while, as I'm said, I'm familiar with the underlying controversy, I have no stake or involvement in the underlying litigation, nor am I close personal friends with any of the participants. (Though my wife tells me that at least one of our children had the plaintiff as a teacher, a fact I did not recall when I was reading the opinion.)
