## Facts

- David E. Kronemyer claimed he held production credits for *My Big Fat Greek Wedding* (executive producer), *Wishcraft* (producer), and *Stand and Be Counted* (producer).
- Internet Movie Database, Inc. (IMDb) operated a widely accessed online entertainment database that published film and television credits and related content.
- IMDb maintained a stated policy of listing credits as they appear on screen when possible, and reserving discretion to reject or delete unverifiable information.
- IMDb offered an update process through which industry professionals could submit information and proof to request corrections.
- Kronemyer used IMDb’s process to request adding the claimed credits but asserted he received no response to his inquiries.
- For *My Big Fat Greek Wedding*, an IMDb employee reviewed the on-screen credits and found Kronemyer was not listed as an executive producer; IMDb declined to change the listing.
- Kronemyer sued for declaratory relief seeking an order requiring IMDb to list him with the claimed credits.

## Issues

1. Whether the declaratory-relief action “arose from” IMDb’s protected activity under California’s anti-SLAPP statute, Code of Civil Procedure § 425.16, as speech in connection with a public issue.
2. If § 425.16 applied, whether Kronemyer demonstrated a probability of prevailing on a claim that would justify a declaration compelling IMDb to change its credit listings.
3. Whether IMDb, as the prevailing anti-SLAPP movant, was entitled to attorney’s fees and costs under § 425.16.

## Decision

- The Court of Appeal affirmed the order granting IMDb’s special motion to strike under § 425.16.
- The court held the lawsuit targeted IMDb’s communicative conduct—publishing and declining to publish particular credits—on a matter of public interest.
- The court held Kronemyer failed to make a prima facie showing of a legally viable basis to compel IMDb to alter its credit listings.
- The court affirmed the award of attorney’s fees and costs to IMDb as required for a prevailing defendant under § 425.16.

## Legal Principles

- Under Code of Civil Procedure § 425.16, a court first asks whether the claim arises from an act in furtherance of the defendant’s free-speech rights in connection with a public issue, then asks whether the plaintiff shows a probability of prevailing.
- A lawsuit seeking to compel changes to published informational content may be treated as arising from protected speech when the practical effect is to control what the defendant publishes or declines to publish on a matter of public interest.
- Plaintiffs opposing an anti-SLAPP motion must present a legally sufficient claim supported by admissible evidence establishing a prima facie case for relief.
- A prevailing defendant on a special motion to strike is entitled to recover attorney’s fees and costs under § 425.16.

## Conclusion

The court treated IMDb’s publication and editorial decisions about entertainment credits as protected speech on a public issue, struck the declaratory-relief action because the plaintiff did not show a probability of obtaining an order compelling altered listings, and upheld the mandatory fee award to IMDb under California’s anti-SLAPP statute.


Kronemyer v. Internet Movie Database, Inc., 150 Cal. App. 4th 941, 59 Cal. Rptr. 3d 48 (Ct. App. 2007)