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Lawsuit Related to Hunter Biden’s Laptop to Proceed—C.A.
Justices Reject Contention That Anti-SLAPP Motion Should Have Been Granted in Toto; Three Causes of Action, Panel Says, May Proceed Against Political Activist Brought by Lawyer Who Represented Former President’s Son
By a MetNews Staff Writer
The Court of Appeal for this district held yesterday that the man who has served as lawyer/benefactor to Hunter Biden may proceed against a political activist on causes of action for criminal impersonation, false light, and intentional infliction of emotional distress, but not on his claims for civil harassment and “doxing.”
The lawsuit stems from defendant Garrett Ziegler—a White House political aide during the first administration of President Donald Trump—publishing on his website, Marco Polo, embarrassing materials from the laptop of Hunter Biden, son of former President Joe Biden. Ziegler purportedly gained information from plaintiff Patrick Kevin Morris, whose law office is in Beverly Hills, by impersonating a heavy Democratic donor, Jon Cooper.
ICU, LLC, doing business as Marco Polo, is also a defendant.
Materials from the laptop, which Hunter Biden left at a repair shop, were widely circulated during the 2020 presidential election. Democrats insisted that the supposed content was fabricated by Russia in a disinformation effort, but the FBI subsequently provided authentication.
Ashmann-Gerst’s Opinion
Acting Presiding Justice Judith Ashmann-Gerst authored the unpublished opinion. It affirms an Oct. 13, 2023 decision by Los Angeles Superior Court Mark H. Epstein, in ruling on an anti-SLAPP motion brought by defendant Garret Ziegler and his nonprofit website, Marco Polo, except for countermanding his determination that the cause of action for civil harassment may go forward.
Epstein found that all five causes of action are based on protected activity, satisfying the first prong of the of anti-SLAPP statute, Code of Civil Procedure §425.16, but found that only the cause of action for harassment in violation of Penal Code § 653.2—“doxing”—lacks minimal merit.
Ashmann-Gerst quoted a 2020 Court of Appeal opinion as explaining that “ ‘[d]oxing’ is a relatively recent Internet-based form of harassment that involves posting a target’s private personal information online so it can be used by other parties—perhaps the poster’s supporters or internet ‘trolls’—to attack the targeted individual.”
‘Doxing’ Claim
She said that Epstein properly granted a special motion to strike the cause of action for doxing “because section 653.2 does not provide for a private right of action,” adding:
“Further, no related statute shows implied legislative recognition of a private right of action.”
Code of Civil Procedure §527.6, which authorizes issuance of civil harassment restraining orders, “does not create or imply the existence of a general civil claim for harassment,” the justice said.
She declared that Morris did show a probability of prevailing on the merits in his action for false personation, in violation of Penal Code §529, explaining:
“Morris alleged—and provided text messages to support—that Ziegler contacted him, pretended to be Cooper, and used that guise to obtain private information. Ziegler revealed his ruse by texting Morris an image associated with Marco Polo, suggesting that, as Morris alleged, Marco Polo ‘participated in or otherwise knowingly assisted in the aforementioned conduct and activity.’ And Marco Polo also benefitted from Ziegler’s impersonation, as it used the texts Ziegler received in its widely circulated report on the Biden laptop. These facts sufficiently substantiate Morris’s claim to establish minimal merit under the anti-SLAPP law.”
False Light
Addressing the cause of action for false-light, Ashmann-Gerst said minimal merit was shown, reciting:
“Morris alleges that defendants selectively published his text messages to create the false impression that Morris baselessly harassed defendants to chill their scrutiny of him and his powerful political associates. To that end, Morris submitted screenshots of multiple social media posts; in these posts, Ziegler accused Morris of threatening him and published a handful of Morris’s text messages without context (i.e., that Ziegler provoked Morris’s outbursts by impersonating Cooper for weeks to obtain confidential information). Marco Polo also published the texts—similarly devoid of context—in its widely circulated report on the Biden laptop.”
The litigation privilege does not form the basis of a defense to the cause of action for intentional infliction of emotional distress, Ashmann-Gerst saying it’s simply inapplicable because they communications in no way advanced the objectives of litigation.
The case is Morris v. Ziegler, B333812.
Bryan M. Sullivan and Zachary C. Hansen of the mid-Wilshire firm of Early Sullivan Wright Gizer & McRae represented Morris. Hollywood lawyer Jennifer L. Holliday acted for Ziegler and ICU.
Biden’s Suit
Hunter Biden in 2023 sued Ziegler but in March dropped his action, saying he is without funds to pursue it. However, on Sept. 9, 2024, District Court Judge Hernán D. Vera of the Central District of California awarded Biden based on the defendant’s unmeritorious anti-SLAPP motion, saying:
“Black letter law is crystal clear that an anti-SLAPP motion cannot be used against a federal cause of action.”
On May 19, Vera denied the defendants’ motion for attorney fees, saying that “there is no basis to find that Plaintiff’s claim lacked objective foundation.”
The New York Times has said of Morris:
“He found a house for Hunter Biden’s new family, paid divorce costs to Biden’s ex-wife and helped resolve a paternity lawsuit from a third woman. He footed the bill for Biden’s security, back taxes and car payments, facilitated the publication of a memoir and the launch of an art career, and provided emotional support as Biden dealt with scrutiny from prosecutors and political adversaries.
“In recent years, no one has been more influential in helping Hunter Biden rebuild his life after a battle with addiction than Hollywood lawyer Kevin Morris.”
The Feb. 16, 2024 article noted:
“Morris has spent more than $6.5 million to help Hunter Biden, money that both men now consider loans.”
Hunter Biden last year was found guilty of being a drug addict in possession of a firearm and pled guilty to tax charges. Before leaving office as president, Joseph Biden pardoned his son.
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