Pebble Beach Art Theft Lawsuit – Toss It

No chance?

Shapiro filed a motion in Monterey Superior Court Nov. 1 asking a judge to dismiss the lawsuit under California’s anti-SLAPP statute, which provides for early dismissal of lawsuits arising from an “act in furtherance of a person’s right of petition or free speech” unless a court determines there is a probability the plaintiff will prevail on the suit.

To help show that Amadio and Kennaugh probably won’t win their defamation suit, Shapiro argued that Kanalakis and Richards “were acting within the scope of their employment when they issued press releases or held press conferences … and therefore both are immune from any claim arising from that conduct.”

In regards to Monterey County’s liability in the lawsuit filed by Kennaugh and Amadio, Shapiro said a public entity is not liable for conduct by an employee who is immune.

Therefore, Shapiro said Kennaugh and Amadio “cannot establish a possibility, much less a probability, of prevailing on either of their claims.”

Pebble Beach Art Theft Lawsuit – Toss It