May 29th, 2015 – It appears that Project CBD lost its bid this week to use the Anti-SLAPP defence the quash the $100M lawsuit brought by Medical Marijuana Inc. As reported earlier this month Project CBD had attempted to have the lawsuit dismissed on the grounds that it violated their right to free speech.
Court documents obtained by The Hemp News today from the California Superior Court show that Project CBD had argued in their defense that Medical Marijuana Inc. was the equivalent of a public figure and the company was using the lawsuit to censor public discourse. In his ruling, the judge disagrees with their argument and appears to have dismissed the Anti-SLAPP defense. Furthermore, in his ruling, the judge has found that Medical Marijuana Inc. has grounds to proceed with their lawsuit against Project CBD on the grounds of libel and false light.
Andrew Hard, a spokesperson for Medical Marijuana, Inc. said “The Trial Court ruled that the case can proceed against Project CBD, Martin Lee and Aaron Cantu on the causes of action for Libel and False Light. Accordingly, Medical Marijuana, Inc. intends to use all available resources to aggressively prosecute this case and proceed to trial.”
However, the judge did find in favor of the Project CBD in respect of three of Medical Marijuana Inc’s lawsuit causes of action: trade libel, negligence and intentional interference with prospective business advantage, citing that they had not demonstrated that they would prevail on these cause of actions. Nevertheless, it appears the lawsuit can now proceed.
The Hemp News has reached out for comment from Project CBD but has not heard back as of yet.