California Supreme Court

Olson v. Doe

January 13, 2022288 Cal. Rptr. 3d 753

Summary

The court held that a mediation agreement's nondisparagement clause, construed in light of the agreement as a whole and the limited purpose of the civil harassment proceeding in which it was made, did not apply to statements in a later civil lawsuit arising from the same alleged misconduct. Because the cross-complainant could not show the required minimal merit on his breach of contract claim, the respondent's anti-SLAPP motion was properly granted as to that claim. The court did not decide whether the litigation privilege independently barred the contract claims.