Lamz v. Wells

Decision Date09 June 2006
Docket NumberNo. 2005 CA 1497.,2005 CA 1497.
PartiesJames "Jim" LAMZ v. John B. WELLS.
CourtCourt of Appeal of Louisiana — District of US

Tom W. Thornhill, Chadwick W. Collings, Slidell, for Plaintiff-Appellant James "Jim" Lamz.

John B. Wells, Pro Se.

Before: KUHN, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

In this case, plaintiff, James "Jim" Lamz, appeals from a judgment of the trial court granting the motion to strike filed by defendant, John B. Wells. For the reasons that follow, we affirm the judgment below.

FACTS AND PROCEDURAL HISTORY

According to the record, Mr. Lamz and Mr. Wells were both judicial candidates for Slidell City Court in 2004. The election was scheduled for November 2, 2004. On October 29, 2004, Mr. Lamz filed a petition for injunctive relief alleging that Mr. Wells had violated the provisions of the Louisiana Election Code, La. R.S. 18:1463, by "causing to be distributed, transmitted and published many oral, visual and written statements" containing numerous false allegations about Mr. Lamz. The matter was scheduled for hearing on November 3, 2004, at which time the trial court concluded that the petition for injunctive relief was moot. Mr. Lamz was subsequently allowed to file a supplemental and amending petition asserting a defamation cause of action against Mr. Wells. In response thereto, Mr. Wells filed a special motion to strike pursuant to La.Code Civ. P. art. 971, arguing that Mr. Lamz had "maliciously sued [him] in a brazen attempt to curtail protected political speech in direct violation of the First Amendment to the Constitution of the United States."

After a number of delays, Mr. Wells' special motion to strike was scheduled for hearing on March 24, 2005, along with several other related matters, including exceptions raising the objection of prematurity and improper use of summary proceedings filed by Mr. Lamz.1 The trial court denied the exception raising the objection of no cause of action. Argument from both sides regarding the motion to strike was then heard, after which the trial court granted the motion to strike finding that Mr. Lamz had not met his burden of proof on the motion. The parties also presented argument concerning Mr. Wells' claim for attorney fees. This issue was "left open" by the trial court, and counsel for both sides were allowed additional time to brief the matter. The trial court signed a judgment in accordance with these findings on March 31, 2005, dismissing the claims against Mr. Wells with prejudice. Mr. Lamz filed a motion for new trial, which motion was denied by the trial court on April 4, 2005. In a subsequent judgment dated May 10, 2005, the trial court denied Mr. Wells' claim for attorney fees, but ordered Mr. Lamz to pay all costs allowable by law that were incurred by Mr. Wells.

Mr. Lamz appealed the court's March 31, 2005 judgment, arguing that the trial court committed an error of law in granting Mr. Wells' motion to strike.2 Mr. Wells answered the appeal, assigning error to the trial court's failure to sanction Mr. Lamz pursuant to La.Code Civ. P. art. 863 and failure to award attorney fees pursuant to La.Code Civ. P. art. 971.3 Mr. Wells also requested attorney fees for the time he spent responding to the appeal by Mr. Lamz.

ARTICLE 971 MOTION TO STRIKE

The granting of a special motion to strike pursuant to Article 971 presents a question of law. Appellate review regarding questions of law is simply a review of whether the trial court was legally correct or legally incorrect. Dixon v. First Premium Ins. Group, 2005-0988, p. 5 (La. App. 1 Cir. 3/29/06), 934 So.2d 134. On legal issues, the appellate court gives no special weight to the findings of the trial court, but exercises its constitutional duty to review questions of law and renders judgment on the record. Clements v. Folse ex rel. Succession of Clements, 2001-1970, p. 5 (La.App. 1 Cir. 8/14/02), 830 So.2d 307, 312, writ denied, 2002-2328 (La.11/15/02), 829 So.2d 437.

On appeal, Mr. Lamz contends the trial court's judgment granting the motion to strike was contrary to both the law and the evidence and must be reversed. Mr. Wells asserts that his special motion to strike was properly granted because the case involved protected free speech with a connection to a public issue. We agree.

The special motion to strike, governed by Article 971, provides in pertinent part, as follows:

A. (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established a probability of success on the claim.

(2) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

. . . .

B. In any action subject to Paragraph A of this Article, a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs.

. . . .

F. As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise:

(1) "Act in furtherance of a person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue" includes but is not limited to:

(a) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law.

(b) Any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official body authorized by law.

(c) Any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.

(d) Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.

Article 971 was enacted by Acts 1999, No. 734, § 1. Section 2 of Acts 1999, No. 734 provides as follows:

The legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for redress of grievances. The legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, it is the intention of the legislature that the Article enacted pursuant to this Act shall be construed broadly.

The intent of Article 971 is to encourage continued participation in matters of public significance and to prevent this participation from being chilled through an abuse of judicial process. Stern v. Doe, 2001-0914, p. 4 (La.App. 4 Cir. 12/27/01), 806 So.2d 98, 101. Article 971 was enacted by the legislature as a procedural device to be used early in legal proceedings to screen out meritless claims brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for redress of grievances. Aymond v. Dupree, 2005-1248, p. 7 (La.App. 3 Cir. 4/12/06), 928 So.2d 721. Accordingly, Article 971 provides that a cause of action against a person arising from any act in furtherance of the person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established a probability of success on the claim. This special motion to strike is a "specialized defense motion akin to a motion for summary judgment." See Editor's Note to La.Code Civ. P. art. 971, citing Lee v. Pennington, 2002-0381 (La.App. 4 Cir. 10/16/02), 830 So.2d 1037, writ denied, 2002-2790 (La.1/24/03), 836 So.2d 52.

Thus, we first consider Mr. Wells' initial burden as the moving party, i.e., demonstrating that the subject matter of the suit against him stems from an action relating to free speech and in relation to a public issue. To that end, Mr. Wells submitted his affidavit in support of the special motion to strike, wherein he stated that he "did not act with knowledge of or a reckless disregard of the truth." Mr. Wells further noted that Mr. Lamz was a public figure at the time of the complained of publications and has not and cannot show actual malice. Notwithstanding this affidavit by Mr. Wells, reference to the pleadings in the record demonstrates that the causes of action arise from acts in furtherance of Mr. Wells' right of free speech and in connection with a public issue. La. Code Civ. P. art. 971(A)(2).

In ruling on the special motion to strike, the trial court noted as follows:

[T]he framers of our Constitution placed a great importance on freedom of speech, and when you look at various legislation that's been passed over the years and cases that have been ruled on over the years, the courts have continued to support that and apparently our legislature has sought to support that also by ... passing into law ... Article 971, the special motion to strike, which the court finds to be applicable in this case since it deals with issues of free speech under the United States Constitution and Louisiana Constitution in connection with public issues. What can be a more public issue than an election? This special motion to strike is in its own way a nuclear option that goes right in and blows up the whole case if it is in fact granted; you know, because if I strike these pleadings there's not a whole lot left to this case.

Applying the language of Article 971 broadly, as directed by the legislature, we find no error in the...

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