Judge grants dismissal in attorney's defamation case

Superior Court Judge Elyze Iriarte dismissed a defamation complaint between three attorneys, in a decision and order released on Tuesday.

Plaintiff William Bischoff submitted a complaint alleging that James L. Canto II and Nicolas E. Toft conspired to and committed defamation as attorneys at the Office of the Attorney General of Guam.

Bischoff alleged that Toft published to the Guam Ancestral Lands Commission an email written by Canto, stating false and unprivileged information.

Canto and Toft filed a motion to dismiss Bischoff’s complaint, citing that Bischoff violated the Citizen Participation in Government Act of 1998. The attorneys also argued that their statements to the Commission qualified as protected activity. Bischoff called it a sham petitioning activity.

The judge said the CPGA immunized Canto and Toft from Bischoff’s defamation claim.

Iriarte also said Bischoff’s argument that public policy should prevent the application of the CPGA for a knowingly false statement, did not apply. The judge said Bischoff failed to meet his burden of persuasion by clear and convincing evidence.

Iriarte said the court found that a minimal sanction of $250 levied against Bischoff was appropriate and payable within 30 days.

Bischoff must also compensate costs incurred by Canto and Toft for litigating the case.