Busker Alley Inc. v. Kasperbauer

Opinion

i s

IN THE SUP ERIOR COURT OF GUAM I 2`9 ?' 29

BUSKER ALLEY, INC. and JAE JI, C IVIL C ASE N O. C V1081-12 Plaintiffs,

vs. D E C IS IO N AN D O R D E R

L AW R E N C E KASPERBAUER and DOES 1-50,

Defendants. 9

10 LAWRENCE KASPERBAUER, II Counter-claimant, ) 12 vs. ) 13 BUSKER ALLEY, INC., JAE JI, VANESSA ) 14 JI, THE LAW OFFICE OF VANESSA JI, ) 15 P .C. and DOE ONE t hro u gh DOE TE N, )

16 Counter-claim Defendants.) ) 17

18 This matter comes before the Honorable James L. Canto II on Defendant's motion for 19 protective order, filed pursuant to Guam Rules of Civil Procedure Rule 26(c). This Rule directs 20 that a court may enter a protective order "which justice requires to protect a party or person 21 from annoyance, embarrassment, oppression, or undue burden or expense". GR CP R u l e 2 6 (c) 22 (2010). Defendant fails to allege he will suffer any of the above, and the motion is denied for 23 this reason. Tho u gh Defendant argu es the discovery or disclosures sought pert ai n t o non- 24 actionable, CPGA-related claims, this is not the standard expressed by GRCP Rule 26(c) which 25 would warrant the granting o f a prote ctive order. Furthermore, the Cou rt di sagrees wi th 26 Defendant's contention and finds that some or all of the discovery or disclosures Defendant 27 strives to protect arguably pertain to the surviving cla im by Plaintiff for intentional and 28 negligent infliction of emotional distress. See Sandholm v. Kuecker, 962 N.E.2d 418, 432 (I11.

Page 1 of 2 201 2) (" We si mpl y do not believe that, in enacting the anti -SLAPP statute, the legislature

intended to abolish an individual's right to seek redress for defamation or other intentional torts,

whenever the tortious acts are in furtherance of the tortfeasor 's rights of petition, spee ch,

association , or participation in government."

CO NCLUSI O N

Based upon t he fo rego i n g, Defendant 's motion for protective order pursuant to Guam

Rules of Civil Procedure Rule 26(c) is hereby DENIED.

12 SO ORDERED this 18th day of February, 2014. 13

16 HON. JAMES L. CANTO 11 17 Judge, Superior Court of Guam

25 SERVICE VIA COURT BOX I acknowle dge that a c opy of t he 26 origi nal hereto was placed in the court box of:

27 Mak B✓ 28

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