A state judge yesterday rejected the lawsuit of San Francisco dentist Geraleh Rahbar, D.D.S., against a reviewer who harshly criticized her on the consumer review Web site Yelp.com.
Dr. Rahbar sued Jennifer Batoon after Batoon posted a review accusing Dr. Rahbar of botching a restoration. Batoon is being defended by the California Anti-SLAPP Project, a public interest law firm that takes cases under California's law against strategic lawsuits against public participation (SLAPP).
On November 30, Superior Court Judge Peter Busch granted Batoon's motion under the SLAPP law to dismiss the libel suit on the grounds that it is unlikely to prevail.
Rahbar's attorney, Eric Nordskog, had hoped to persuade Busch to reverse that decision on procedural grounds. Nordskog had not prepared a defense against the SLAPP motion by the time the November 30 hearing took place.
"I contend plaintiff [Dr. Rahbar] was essentially 'sandbagged' by defendant's attorneys reneging on their promise to postpone the hearing, and my reliance on their representations," Nordskog wrote in an e-mail to DrBicuspid.com.
Busch refused to reconsider his November 30 decision, leaving Dr. Rahbar with the choice of dropping the libel suit or appealing to the California Court of Appeals, according to Batoon's attorney, Paul Clifford. Nordskog could not be reached for comment after yesterday's hearing.
According to Nordskog, Dr. Rahbar is also suing another reviewer, Stevonne Ratliff, who also posted harsh criticism. Responding to an e-mail from DrBicuspid.com, Ratliff said she could not comment on the lawsuit because she was not aware of it.
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