Defendant Day's Motion for Summary Judgment in Varian SLAPP:
"As will be seen, infra, there is no factual basis for any of the claims brought against Defendant, DAY, based on her own conduct for her engaging directly in wrongdoing and only conjecture and unsupported argument for holding her accountable as a co-conspirator. Also, as the evidence reveals, the Plaintiffs have not sustained any damages. That is, discovery has established that some of the Plaintiffs have no damages. Further, the District Court's ruling in granting DAY'S Motion for Summary Adjudication forecloses Plaintiffs from relitigating certain claims and issues.
Perhaps even more importantly, as a reading of the alleged defamatory postings attached to Plaintiffs' Complaint reveals, even those attributable to DELFINO alone, the postings are not defamatory. They are expressions of opinion, constitute hyperbole and as many courts have held, are expressions protected by the First Amendment. Indeed, this Court has already found that postings by anonymous third parties of the most vile sort, far and away more inflammatory than anything attached to Plaintiffs' Complaint, are protected by the First Amendment. "
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