Jackson v. Mayweather

10 Cal.App.5th 1240

217 Cal.Rptr.3d 234

Shantel JACKSON, Plaintiff and Respondent,

v.Floyd MAYWEATHER, Jr., Defendant and Appellant.

B266466

Court of Appeal, Second District, Division 7, California.

Filed March 27, 2017

As Modified April 19, 2017

Rick Edwards, Inc. and Rick Edwards, Los Angeles, for Defendant and Appellant.

Allred Markoko & Goldberg, Michael Maroko, Marcus Spiegel, Los Angeles, and John S. West for Plaintiff and Respondent.

PERLUSS, P.J.

Following the final breakup of what she has described as a physically and verbally abusive relationship with former boxing champion Floyd Mayweather, Jr., Shantel Jackson sued Mayweather for, among other claims, invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress. Those five causes of action were based, either entirely or in substantial part, on Mayweather's social media postings about the termination of Jackson's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which Jackson had undergone cosmetic surgery procedures. Mayweather filed a special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 (section 425.16 ). The trial court denied the motion. We reverse that ruling with respect to Jackson's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on Mayweather's statements that Jackson had an abortion and his comments about her cosmetic surgery.

FACTUAL AND PROCEDURAL BACKGROUND

1. Jackson's Complaint

Jackson's complaint, filed September 4, 2014, recounted a detailed story of the on-again, off-again abusive relationship between a young aspiring model and actress and a highly successful, well-known professional boxer. Jackson, then 21 years old, met Mayweather while working as a hostess at an event in Atlanta in 2006. The two dated and developed a romantic, intimate relationship. Jackson soon moved to Las Vegas to live with Mayweather.

Jackson and Mayweather were a highly publicized celebrity couple for a number of years and were at one point engaged to be married. However, the relationship frayed. Jackson alleged that in August 2012, shortly after Mayweather's release from jail following his conviction on a domestic violence charge involving another woman, she and Mayweather had an argument during which he twisted her arm, choked her and forcibly took away her cell phone so he could look through it. The couple reconciled after Mayweather apologized and promised he would never again assault Jackson.

In early April 2013, after continued difficulties between them, Jackson decided to end her relationship with Mayweather and moved to Los Angeles. Mayweather persuaded her to try again to make the relationship work, and Jackson returned to Las Vegas two weeks later. However, within a few days the couple resumed arguing, and Jackson again told Mayweather she was going to leave him. At one point during this period Mayweather grabbed Jackson, restrained her and pointed a gun at her foot while asking, "Which toe do you want me to shoot?" Jackson alleged that while forcibly restraining her and with the gun still pointing at her, Mayweather said he would not allow her to leave. He then removed a $2.5 million diamond ring from her finger and took earrings and other jewelry she was wearing. That same evening Mayweather directed a member of his staff to take additional items of Jackson's personal property, which he had stored at a secret location. During this period, according to Jackson, Mayweather kept her a virtual prisoner in his Las Vegas home, monitoring her activities and only allowing her to leave if accompanied by one of his employees.

Jackson moved back to Los Angeles in June 2013. The following month she discovered someone had broken into a storage unit she rented in Southern California and stolen personal property she valued at more than $1 million. Mayweather subsequently confessed he had arranged for the removal of the items and told Jackson he would return them if she came back to him. In late July 2013 Mayweather told Jackson he would "put things out about" her unless she agreed to return to Las Vegas. When she refused to return, Mayweather posted her Los Angeles address on his social media pages and falsely suggested he lived there. Jackson alleged she became concerned for her safety when Mayweather's fans came to the address and then were disappointed to learn he was not there.

Mayweather continued to importune Jackson to return to him and to attempt to make their relationship work. Jackson agreed but said she would maintain her own home in California. In November 2013 Jackson became pregnant by Mayweather. Jackson alleged she told Mayweather and one friend of her pregnancy, but no one else. A December 2013 sonogram revealed Jackson was carrying twins. At Mayweather's request Jackson gave him a copy of the sonogram. According to the complaint, "In January of 2014, Ms. Jackson's pregnancy terminated and Mr. Mayweather was so informed."

When Jackson refused to move back to Las Vegas during this period, Mayweather became verbally abusive and threatening. During an argument in February 2014 in Los Angeles, Mayweather once again physically restrained Jackson, blocking the door to his condominium and preventing her from leaving for more than one hour.

On April 12, 2014 Jackson attended a basketball game with the rapper Nelly and posted a photograph of the two of them on her social media pages. Mayweather threatened to post photographs he had taken of Jackson sleeping naked if she did not take down the Nelly photograph. Jackson rejected the demand and also refused to reconcile with Mayweather. In response, on May 1, 2014 Mayweather posted on his Facebook and Instagram accounts, "the real reason me and Shantel Christine Jackson @MissJackson broke up was because she got an abortion, and I'm totally against killing babies. She killed our twin babies. #ShantelJackson #Floyd Mayweather #TheMoneyTeam #TMT." Mayweather also posted a copy of the sonogram of the twin fetuses and a summary medical report regarding the pregnancy. Media outlets, including TMZ, republished the sonogram and medical report. The following day Mayweather again discussed Jackson's abortion during a radio interview and also stated she had undergone extensive cosmetic surgery procedures.

Based on the allegations regarding Mayweather's posting of information about Jackson's pregnancy and its termination, including the sonogram and medical report, and the broadcast of the statement she had cosmetic surgery on her face and body, Jackson's complaint asserted causes of action for invasion of privacy (public disclosure of private facts), invasion of privacy (false light portrayal) and defamation. Other general allegations served as the bases for causes of action for conversion, replevin/possession of personal property, battery, assault and false imprisonment. Incorporating all of the allegations by reference Jackson also asserted causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress and civil harassment.

2. The Special Motion To Strike

a. The moving papers

Mayweather responded to Jackson's complaint by filing a special motion to strike five of the complaint's 11 causes of action: the two privacy causes of action, the defamation cause of action and the causes of action for intentional and negligent infliction of emotional distress. Mayweather argued these claims fell within the ambit of section 425.16 because he and Jackson were in the public eye and abortion is a topic of widespread public interest. In support of the first point Mayweather presented evidence that Jackson had promoted her own status as a celebrity and had 47,145 Twitter followers in January 2012 and 78,628 Twitter followers by mid-September 2013, as well as 174,000 Instagram followers in November 2013 and more than 258,000 by May 2014. She also had her own website and, with Mayweather's assistance, had appeared on the Howard Stern radio program and on television.

Contending there was no merit to Jackson's claims, Mayweather argued Jackson had surrendered her right to privacy when she made herself newsworthy by virtue of her relationship with Mayweather. She had willingly participated in publication of private details about that relationship (her reaction to sharing Mayweather with other women was given as an example). Accordingly, the reason for the relationship's demise was equally newsworthy. As for the defamation and false light claims, in his moving papers Mayweather asserted in summary fashion there was no evidence the challenged statements were false or had been made with actual malice. Finally, Mayweather argued, because there was no evidence of falsity or constitutional malice, the First Amendment protected his posts and comments from Jackson's claims the statements had intentionally or negligently caused Jackson extreme emotional distress.

b. Jackson's opposition

In her declaration filed in opposition to the special motion to strike, Jackson essentially repeated the narrative concerning her relationship with Mayweather contained in her complaint. With respect to Mayweather's May 1, 2014 post that he had ended their relationship because of the abortion, Jackson declared, "He knew that the real reason I would not come back to him was because he wouldn't change his ways"—that is, Mayweather would not alter his abusive behavior toward her. She further declared she considered her pregnancy, the termination of the pregnancy and her medical reports to be private information, something that Mayweather knew.

With respect to the radio broadcast on May 2, 2014, Jackson declared that any cosmetic surgery procedures she had undergone were confidential. Moreover, during that broadcast Mayweather had falsely said she...