Stutz, Artiano, Shinoff & Holtz v. Maura Larkins

On October 5, 2007, the Stutz, Artiano, Shinoff & Holtz (SASH) law firm sued Maura Larkins in San Diego Superior Court for defamation in relation to comments she made about the firm on her website, the San Diego Education Report.

In 2005, Larkins had sued the Chula Vista Elementary School District and a group of individuals associated with the school. Lawyers from SASH represented the defendants in that suit, which was dismissed.

According to SASH's defamation complaint against Larkins, in late 2006 it became aware that Larkins had posted negative comments about the firm on her website, bringing into question the professional and ethical standards of SASH and its attorneys. According to SASH's complaint, comments on Larkins' website implied that the firm had been sanctioned by a federal judge for misstatements of fact and law and accused the firm of making frivolous objections in proceedings, harassing plaintiffs, and obstructing the administration of California education laws. Several SASH lawyers were referred to by name in the allegedly defamatory statements.

On August 6, 2007, SASH sent Larkins a cease and desist letter (see related CMLP entry on the letter threat). Larkins refused to remove the comments and SASH filed a complaint on October 5, 2007, alleging defamation per se and seeking general, special, and punitive damages. Even though SASH's letter threatened to seek a permanent injunction, plaintiff does not pray for this relief in its compliant.

Larkins filed an answer on November 16, 2007, admitting that she herself posted the comments on her website, but asserting that the statements were protected under constitutional privilege (on the basis that SASH lawyers were in the public eye and acting as de facto public officials, and also on the basis that comments related to an issue of public concern), and the defenses of truth and fair comment. She also denies that her comments have caused damage to SASH.

On November 19, 2007, Larkin filed a petition for removal with the U.S. District Court for the Southern District of California. Defendants filed a motion to remand on January 4, 2008, arguing that the court lacks diversity jurisdiction.

Update:

3/3/2008 - The U.S. District Court granted defendants' motion and remanded the case to CA state superior court.

02/20/2009 - The court granted summary judgment in favor of SASH.  The order does not go into detail as to the grounds for the judgment.  The case is set to go to trial to determine the amount of damages.

04/08/2009 - By agreement of the parties, the trial -- which had been scheduled for April 06, 2009 -- was postponed for three months.

10/30/2009 - Court issued permanent injunction

4/20/2010 - Notice of appeal filed by Maura Larkins