IN THE SUPREME COURT OF THE STATE OF NEVADA
CHRISTOPHER KHORSANDI, M.D., No. 80957
AN INDIVIDUAL; CHRISTOPHER
KHORSANDI, M.D., PLLC, A NEVADA
PROFESSIONAL LLC; AND
CATHERINE LE KHORSANDI, AN
INDIVIDUAL,
FILED
Appellants, JUN 2 2 2022
vs.
SMITH PLASTIC SURGERY, INC., A
NEVADA CORPORATION; AND LANE
F. SMITH, M.D., AN INDIVIDUAL,
Respondents.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying an anti-
SLAPP special motion to dismiss. Eighth Judicial District Court, Clark
County; Eric Johnson, Judge.
When respondents Lane F. Smith, M.D., and Smith Plastic
Surgery, Inc., sued appellants Christopher Khorsandi, M.D., Christopher
Khorsandi, M.D., PLLC, and Catherine Le Khorsandi over online reviews.
the latter filed an anti-SLAPP special motion to dismiss and denied writing
the reviews. The district court found that it could not make a finding on
'Because the Khorsandi parties challenge the district court's denial of
the anti-SLAPP motion, we do not address the determinations regarding
their motion to dismiss under NRCP 12(b)(5). Khorsan,di v. Smith Plastic
Surgery, Inc., Docket No. 80957, at *2 (Order Dismissing Cross-Appeal and
Allowing Appeal to Proceed, Apr. 9, 2021) (determining that because the
SUPREME Couirr
OF
NEVADA
(0) I947A 41141PM4
whether the reviews had been made in good faith because the Khorsandi
parties denied making them. But it also found that "if defendants did make
the statements they would not be protected under the Nevada Anti-SLAPP
statute and denied the motion on that basis. The Khorsandi parties
appealed, arguing that they could meet the good faith requirement by
denying having made the alleged statements.
"We review de novo the grant or denial of an anti-SLAPP
motion." Coker v. Sassone, 135 Nev. 8, 11, 432 P.3d 746, 749 (2019) (internal
quotation marks omitted). Nevada's anti-SLAPP statute defines "good faith
communication" as a communication that is "truthful or is made without
knowledge of its falsehood." NRS 41.637. This court recently clarified how
to approach an anti-SLAPP motion when the moving party denies making
the alleged statements: "at step one of the anti-SLAPP analysis, a district
court and this court must evaluate the communication as it is alleged in the
plaintiff s complaint and in any of the plaintiffs clarifying declarations."
Spirtos v. Yemenidjian, 137 Nev., Adv. Op. 73, 499 P.3d 611, 616 (2021)
(emphasis added).
Here, the complaint alleges that the Khorsandi parties posted
negative reviews about Dr. Smith and his practice. The complaint also
alleges that the Khorsandi parties never received care from Dr. Smith at
all, which the Khorsandi parties do not dispute. Therefore, the statements
as alleged could not have been made in good faith. The district court did
not err in this finding, nor in declining to reach the second step of the
analysis. Spirtos, 137 Nev., Adv. Op. 73, 499 P.3d at 616. Thus, we
district court's "order effectively denied appellants special motion to
dismiss," the appeal could move forward on that basis).
2
ORDER the judgment of the district court AFFIRMED.2
A6-A
Hardesty
Ai4C14-.V J.
Stiglich
J.
Cadish
LIZ6A,D J.
Silver
Pickering
5
J.
Herndon
cc: Hon. Eric Johnson, District Judge
Thomas J. Tanksley, Settlement Judge
Pisanelli Bice, PLLC
Sgro & Roger
Eighth Judicial District Court Clerk
2 TheHonorable Ron Parraguirre, Chief Justice, voluntarily recused
himself from participation in the decision of this matter.
SUPREME COURT
OF
NEVADA
3
(0) I947A
'
-