Fritz v. Jimenez, (CA App., Aug. 18, 2020), is a suit brought by individuals who staged protests against Verity Baptist Church and its pastor Roger Jimenez after Jimenez delivered and posted sermons praising the killing of nearly 50 people in a Florida gay night club. The protesters claim that they were subjected to physical violence, death threats and intimidation by church employees. Defendants asked the trial court to dismiss various claims under California's anti-SLAPP statute which is designed to quickly get rid of suits that are brought strategically to chill free speech. The trial court, on this theory, dismissed plaintiffs' claim of negligent supervision. The Court of Appeals reversed saying that the claim did not arise from defendants' exercise of free speech. The court said in part:
The sermons of Jimenez provide for a clearer understanding of the situation in which the conduct by VBC and Jimenez’s agents and employees happened. However, the statements of Jimenez are not the focus of the negligence claim. Plaintiffs’ negligence claims are colorable even if none of Jimenez’s statements were contained on the complaint because the complaint would still set forth such regular occurrences of violence and intimidation that a claim for negligent supervision would be stated. Even so, plaintiffs are entitled to rely on Jimenez’s sermons and statements to help establish the foreseeability of physical violence and intimidation against them as a risk inherent in the way VBC and Jimenez conducted the enterprise....
The court also affirmed the trial court's refusal to dismiss plaintiffs' premises liability claim. [Thanks to Scott Mange for the lead.]
