Quinlan v. Sugar-Gold

219 So. 3d 1173, 2017 La. App. LEXIS 543
CourtLouisiana Court of Appeal
DecidedApril 5, 2017
DocketNo. 51,191-CA
StatusPublished
Cited by7 cases

This text of 219 So. 3d 1173 (Quinlan v. Sugar-Gold) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinlan v. Sugar-Gold, 219 So. 3d 1173, 2017 La. App. LEXIS 543 (La. Ct. App. 2017).

Opinion

WILLIAMS, J.

liThe plaintiffs, Mickey McGuinness Quinlan,.. Mackey Sugar Quinlan and Charles Brian Sugar, appeal the district court’s ruling which granted a special.motion to strike filed by the defendant, Melissa Sugar Gold. The defendant has appealed the district court’s denial of attorney fees and costs. For the following reasons, we affirm in part, reverse in part and remand with instructions.

FACTS

The parties are the members of the same family. The plaintiff, Charles Sugar, is the biological son of Alan Sugar (“Alan Sugar”);1 the defendant, Melissa Sugar [1178]*1178Gold, is Alan’s adopted daughter.2 The plaintiff, Mackey Quinlan, is the niece of Charles and Melissa; Mickey Quinlan is Mackey Quinlan’s husband.

On January 17, 2013, the defendant authored an article entitled “Elder Abuse and Betrayal of Trust” (“the Elder Abuse article”). The article was published on fic-tiontoolbox.blogspot.com. In the Elder Abuse article, the defendant referenced another article that had been published on sugaroilcompany.blogspot.com, and stated, “I don’t know who authored it. It’s not hard to deduce that someone in my family (one of us who love[s] my dad and are [sic] not just waiting for him to die so we can swoop in for our inheritance), must have penned it.” Additionally, in the Elder Abuse article, the defendant commended the author of another article that, had been b,published on sugaroilcompany.blog-spot.com, by stating, “[T]o whomever wrote it, [g]ood for you. Those greedy, phony vultures needed to be exposed.” The remainder of the “Elder Abuse” article provided:

WTF[3] happens to families when they think they might inherit some money? I’ve always heard stories about it, but never believed I would witness such greed directed at my own father and mother.
⅜ ⅜ ⅜
The past two months have been chock-full of family illnesses, hospitalizations and ■ most disturbingly, a cáse of what my immediate family and I believe to be more than just plain ole greed, something more sinister. Indeed, [e]lder abuse. Sadly, my father, who is in his mid-eighties and currently in the hospital and very ill, is the intended victim.
*• * *
Mickey, Mackey, Chucky: “Here [sign] ■ this paper. It’s just a simple for[m] for your taxes.”
You’ll be dead'by the time,your wife realized we just had you sign over your entire estate and wealth to us. Oops. Alan Sugar didn’t build that empire by being an idiot. He figured it out, and he ain’t dead. I don’t envy the wrath that awaits anyone, devious enough to trick an old man into signing away the rights to his company, home and livelihood. If the courts don’t get you—God sure will.
⅝ ⅜ *1»

Thereafter, in the article, the defendant proceeded to define . the term “elder abuse”4 and stated, “The disturbing part of that definition and of what Chuck Sugar, Dr. Mackey Sugar Quinlan and Mickey Quinlan did to my |3father is ‘Trust.’ Betrayal of an elder man’s trust, is vile.” Further, the defendant posed the following question, “Do any of you have any experience with elder abuse?,” and proceeded to recount a story she had been told by an unnamed man whose father had allegedly been the victim of elder abuse.

On January 21, 2014, the plaintiffs filed a petition for injunctive relief and for damages, alleging that the defendant “had [1179]*1179written and published false and defamatory statements” about them in the Elder Abuse article and two similar articles that had been published on two different websites, sugaroilcompany.blogspot.com and sugarfamilysecrets.blogspot.com. The plaintiffs sought to recover damages for defamation and/or intentional infliction of emotional distress. The plaintiffs also sought an injunction and a court order requiring the defendant to remove the alleged defamatory publications from the Internet.

On March 7, 2014, the plaintiffs filed an amended petition, which included the following specific allegations:

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3.
On January 17, 2013, an article entitled “Elder Abuse and Betrayal of Trust” was published by Defendant on fiction-toolbox.blogspot.com. This article alleges that Defendant’s father, Alan Sugar (hereinafter “Alan”) is the victim of elder abuse at the hands of all three Petitioners.
* * *
The article continued to allege that the Petitioners preyed on Alan to gain control of his . company and compared their alleged actions to those of a con artist.
4.
The internet domain sugaroilcompa-ny.blogspot.com leads to a website titled “Sugar Family Saga, Sugar Oil Co. & The Sugar Family: Secrets, Lies & Betrayals |4Revealed.” This entire website appears to have been created for the sole purpose of defaming Petitioners.
5.
On or about January '20, 2013, an article titled “How Mickey Quinlan Took Control of Sugar Oil Company: How Was Alan Sugar Coerced Into Signing Away Everything He Owned” was published by Defendant on sugaroilcompany.blog-spot.com. This article again alleges that the Petitioners participated in elder abuse towards Alan Sugar, stating “[a]buse of wealthy elderly parents by .their greedy adult children and other •relatives is,as common as sin” and linking to an article about the alleged elder abuse of Brooke Astor. The article continues to allege that Petitioners were untrustworthy, lied to Alan to coerce him into doing something he did not want to do, and led a “crusade to take all of Alan’s money and property.” The article concludes with a promise to reveal other stories of “betrayals of family” on the website.
6.
The internet domain sugarfamilyse-crets.blogspot.com leads to a website titled “Sugar & Shit: Unbelievable Saga of Christian Counselor Son and Ungrateful Grandchildren Taking Money from Elder Relative.” Again, this entire website appears to have been created for the sole purpose of defaming Petitioners. There are links on the website to pages titled “Sugar Sham,” “Chuck Sugar,” “Elder Abuse,” and “Doctors w/ Morals.” '
7.
On or about July 31, 2013, an article titled “The unSugar Family-The Greedy Bunch” was. posted on sugarfamilyse-crets.blogspot.com. The first sentence reads: “Thank you Greedy Bunch: Chuck Sugar, Dr. Mackey Sugar Quin-lan, Dr. Scott Sugar, Mickey Quinlan (new title president of Sugar Oil).” This article alleges that Petitioner Charles Sugar is a hypocrite, a drug addict, and a homosexual. These allegations are particularly injurious to Charles Sugar because he makes his living as a Licensed Professional Counselor by practicing “Christian Counseling,” wherein he counsels patients from a Christian world-view.
[1180]*1180 JÉ-
On the Sugar <& Shit website, the “About” page contains three paragraphs that allege Petitioner Charles Sugar is a homosexual thief and imply [sic] that Petitioner Mackey Sugar Quinlan is an immoral, incompetent physician.

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Bluebook (online)
219 So. 3d 1173, 2017 La. App. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinlan-v-sugar-gold-lactapp-2017.