June 17, 2019
Aster Graphics filed a complaint in the Superior Court of the State of California, Orange County accusing Steven Giannetta and Does 1-50 of trade libel, defamation, and false light. According to Aster Graphics, the posts were “numerous false and defamatory articles” against the company on websites such as TonerNews.com and LinkedIn; specifically, Giannetta called Aster a “toner cloner” and a seller of “toxic toner cartridges,” the plaintiff further alleged that the defamatory statements were made by the defendant “intentionally,” “maliciously” and “willfully”, Aster also claimed.
Gianetta through his legal representative Mark L. Javitch has now filed the Anti-SLAPP motion, asking the Court to “grant its Special Motion to Strike all counts of the Complaint, award the Defendant its attorney’s fees and costs arising out of the defence, and afford them such other and further relief as the Court may deem just and proper.”
Anti-SLAPP legislation was enacted by the Californian state Legislature almost twenty years ago to protect the petition and free speech rights of all Californians. In particular to provide stronger protection from meritless lawsuits to anyone who is SLAPPed in California.
In recompense, Aster is seeking “corrective advertising,” on the part of the Defendant, in which the defendant “must communicate to Plaintiff’s customers that the referenced representations were falsely made,” as well as minimum damages of $1 million (€897,472) plus further punitive damages and its legal costs, as well as any other relief that the Court deems “just and proper.”
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