Matter on calendar for Thursday, February 13, 2014, Line 4, PETITIONER ST. LUCIA FREE PRESS’ Petition To Quash Invalid Subpoena.

Granted.

The subpoena duces tecum issued and served on Automattic, Inc is quashed. Further, Oliver Gobat shall not issue or cause to be issued any further subpoenas to Automattic, Inc., seeking the identity or identifying information regarding the poster of the allegedly defamatory speech that is the subject of this petition. (See Motion, Exhibit H; Opp., Gobat Decl., Exhibits, B, C.).

The Court applies the balancing test endorsed by Krinsky v. DOE 6 (2008) 159 Cal.App.4th 1154, 1165. The Court finds that Mr. Gobat has not stated a prima facie case of defamation; the anonymous comments complained of are opinion mixed with sarcasm and hyperbole, rather than objective statements of fact. (See Krinsky v. DOE 6, supra, 159 Cal.App.4th at 1175-1178.)

The Court is bound to follow the First Amendment of the United States in determining the liability of defamation First Amendment of the U.S. Constitution trumps English law in deciding whether a prima facie case for defamation has been made. (Id. at 1173.) The Court need not and does not determine whether Mr. Gobat is a public figure. Monetary sanctions of $15,000 are awarded in favor of St Lucia Free Press and against Oliver Gobat to be paid within 30 days of service of notice of entry of order.

The court will not provide a court reporter for this discovery hearing. If any party wishes a reporter, the parties must meet and confer and agree on a single reporter. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number.

The prevailing party is required to prepare a proposed order with the name and address of the prevailing party’s counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested.