Case Conclusion Date:April 30, 2007
Outcome:Our client won on appeal.
Description:Defendant and Appellant, our client Monroy, was sued by Stephen Chabak, a physical therapist, for defamation and slander. Monroy told police Chabak molested her while she was receiving physical therapy in Chabak's office when she was 17 years old. The police investigated and forwarded the report to the DA's office in Fresno. The DA did not prosecute because there was no other evidence/witnesses other than Monroy, the victim. Chabak filed a suit in Defamation, filing a false abuse report, slander. On behalf of Monroy, we filed an Anti-SLAPP motion (motion to strike the complaint) and lost. The court, Judge M. Bruce Smith ruled for the plaintiff. We appealed the ruling on behalf of Monroy alleging that Judge Smith's ruling was wrong at many levels. The 5th District Court of Appeals agreed with Monroy and reversed Judge Smith's ruling. The court awarded $67,000 in attorneys fees to Monroy, but Monroy never collected because Chabak filed for Bankruptcy in 2008 and the BK court discharged this award. Chabak continues to live in Hanford in a $300,000 dollar home with luxury cars.