![]() ![]() Budget alleged that the BBB "published a number of damaging statements about" Budget, including that Budget was "not in compliance with the law's licensing or registration requirements," Budget's advertising was "grossly misleading," and Budget deserved a grade of "F." Budget alleged that "hese statements are all false and defamatory" because Budget is a moving broker not a moving company, Budget "is in compliance with all Department of Transportation and Federal Motor Carrier Safety Administration laws and regulations," and Budget's "advertising is not misleading in any way." Budget alleged that the statement that Budget was "not in compliance with the law's licensing or registration requirements" is libelous because it charged Budget with violating the law, and the statement that Budget's advertising is "grossly misleading" is libelous because it charged Budget with dishonesty. Budget alleged causes of action for (1) trade libel, (2) libel per se, (3) unfair competition in violation of Business and Professions Code section 17200 (the UCL), (4) permanent injunction, and (5) declaratory relief. On DecemBudget filed a complaint against the BBB based on the BBB's disparaging statements about Budget and the "F" grade that the BBB gave Budget on the BBB's website. The Reliability Report includes a record of consumer complaints made to the company and the company's responses, any governmental action against the company, any licensing or advertising issues that the BBB has learned about the company, and a BBB Rating, generally "A+" to "F," reflecting the extent to which the company is in compliance with the BBB's standards for operating in a trustworthy manner and making good faith efforts to resolve consumer complaints or concerns filed with the BBB. According to the BBB's president, William Mitchell, the "goals of the BBB are to advocate truth in advertising as well as to promote integrity in the performance of business services" and "to enhance public trust and confidence in business through voluntary self-regulation and monitoring activities." The BBB provides free information to consumers by telephone, mail, and the Internet about a particular company in what the BBB calls a Reliability Report. ![]() ![]() doing business as The Better Business Bureau (the BBB) is a nonprofit voluntary membership organization. According to Budget's president, Sheri Katz, "oving companies move Household Goods whereas Brokers arrange for moving companies to do the actual moves," and Budget "is a 'Household Goods Broker.'"īetter Business Bureau of the Southland, Inc. (Budget) is a relocation services broker that has been in business since 2005 and maintains its principal place of business in New York. FACTUAL AND PROCEDURAL BACKGROUNDīudget Van Lines, Inc. (2002) 29 Cal.4th 53, 57, 66.) All further statutory references are to the Code of Civil Procedure, unless otherwise stated. We affirm.Ĭode of Civil Procedure section 425.16 authorizes a special motion to strike, also known as an anti-SLAPP motion. pursuant to Code of Civil Procedure section 425.16. appeals from an order denying its special motion to strike the complaint of plaintiff Budget Van Lines, Inc. INTRODUCTIONĭefendant Better Business Bureau of the Southland, Inc. Law Office of Adrianos Facchetti, Adrianos Facchetti Tedford & Associates and James R. BC452006)ĪPPEAL from an order of the Superior Court of Los Angeles County, Michael Solner, Judge. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. SEGAL NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). ![]()
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