Dr. Laura’s lawsuit thrown out

Greg Risling

COSTA MESA -- A South Coast Plaza store owner has won the first battle in

a legal war with a popular radio talk show host.

Thomas Moore, owner of Beach Access, learned Wednesday that an Orange

County Superior Court judge threw out a lawsuit filed in September by

syndicated radio personality Dr. Laura Schlessinger.

The lawsuit claimed Moore made defamatory statements about Schlessinger

after she asked her listeners to boycott Moore’s store over the summer.

Schlessinger and her son were visiting the store and saw a copy of Big

Brother, a skateboarding magazine produced by publishing mogul Larry

Flynt, who also owns Hustler magazine.

She told her listeners that the magazine shouldn’t be displayed at the

store because it is pornographic and unsuitable for children.

After Schlessinger’s boycott, Moore made comments to the local media

about the situation.

Judge John Watson tossed out Schlessinger’s lawsuit because she couldn’t

prove Moore’s statements were made with malice.

Schlessinger’s attorneys had to meet a legal threshold to keep the suit

moving through the court system, but failed to do so in an hourlong

argument.

“She had to show by clear and convincing evidence that my client made

those comments with malice and they couldn’t,” said Moore’s attorney,

Paul Rafferty. “They didn’t have the legal basis to pursue an action, so

the judge threw it out.”

Schlessinger’s attorney didn’t return phone calls for comment Wednesday.

It was unclear whether she plans to file an appeal.

Moore filed a lawsuit of his own in October, claiming loss of business

and damage to his reputation as a businessman because of Schlessinger’s

actions.

There was a time when Moore simply asked for a retraction from the talk

show host. A Schlessinger spokesman said it was Moore who should make the

apology and take responsibility for his remarks.

“We will continue on with our lawsuit,” Rafferty said. “My client wants

to get his day in court for the damage done to his business.”