Bergeson Successfully Secures Dismissal With Prejudice For Michael Cagney
Partners Daniel J. Bergeson and John D. Pernick successfully secured a dismissal with prejudice for client Michael Cagney. In August of 2017, an amended complaint was filed in a lawsuit pending in San Francisco County Superior Court entitled Brandon Charles v. Social Finance, Inc., Case No. CGC-17-560682. The amended complaint included causes of action for defamation and slander against Social Finance and Michael Cagney. Mr. Bergeson and Mr. Pernick filed a Motion to Strike the claims brought against Michael Cagney under California’s Anti-SLAPP statute, Code of Civil Procedure section 425.16, on the grounds that the allegedly defamatory statements by Mr. Cagney were absolutely privileged under California Civil Code section 47(b) as statements regarding a judicial proceeding (Mr. Charles’s lawsuit against Social Finance) made to individuals interested in that proceeding (the employees of Social Finance). Shortly after filing the Motion to Strike, the plaintiff agreed to dismiss the claims against Mr. Cagney, with prejudice.