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Judge tosses restaurant’s slander case

Married couple are off the hook, for now, after being accused of harming troubled Montrose Collection.

March 28, 2008|By Ryan Vaillancourt

LOS ANGELES — A Superior Court judge on Thursday dismissed a series of slander-related legal actions that owners of a Montrose restaurant and banquet hall filed against Glendale residents Robert and Sharon Thompson, capping a nearly yearlong battle over free speech.

The Montrose Collection, which is also facing pending criminal charges from the city over allegations that it is operating illegally as a banquet hall, alleged in its complaint against the Thompsons that the restaurant lost business as a result of the couple’s attempts to photograph and videotape business operations.

The Thompsons, who live behind the eatery, aired their findings at City Council meetings and repeated allegations that the business was operating illegally to City Council members.

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The suit also alleged that the couple made false police reports and made dinner reservations but failed to show up.

The restaurant owners said the couple’s actions amounted to slander, interfered with the restaurant’s prospective economic advantage and intentionally inflicted emotional distress on the restaurant owners.

But Los Angeles Superior Court Judge Ruth A. Kwan found on Thursday that the Thompsons’ actions were protected under the 1st Amendment and that Montrose Collection attorney Derek Tabone failed to provide sufficient evidence that the Thompsons’ allegations were false.

“I’m elated,” said Robert Thompson, who added that he had spent at least $12,000 on legal fees. “This is a one-year burden off of, at least temporarily, our shoulders. Justice was served. But it’s a shame this had to happen.”

The Thompsons’ attorney, Robert Miller, labeled the Montrose Collection’s complaint a strategic lawsuit against public participation — known in the legal world as a “Slapp” suit, typically used to silence people who speak out against a business or institution’s operations — and in turn filed two anti-slapp motions to dismiss all causes of action against the couple.

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