Robinson v. V. D. (2024)

Citation: Robinson v. V. D. (2024)
Parent Document: Robinson v. V. D. (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-11-26
Original Source: https://www.courtlistener.com/opinion/10282961/robinson-v-v-d/ ↗

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vexatious litigation counts with respect to the grievance
       proceeding.
          ‘‘A special motion to dismiss filed pursuant to § 52-
       196a . . . is not a traditional motion to dismiss based
       on a jurisdictional ground. It is, instead, a truncated
       evidentiary procedure enacted by our legislature in
       order to achieve a legitimate policy objective, namely,
       to provide for a prompt remedy.’’ Elder v. Kauffman,
       204 Conn. App. 818, 824, 254 A.3d 1001 (2021). Section
       52-196a (e) (3), as previously noted, provides as follows:
       ‘‘The court shall grant a special motion to dismiss if
       the moving party makes an initial showing, by a prepon-
       derance of the evidence, that the opposing party’s com-
       plaint . . . is based on the moving party’s exercise of
       its right of free speech, right to petition the government,
       or right of association13 under the Constitution of the
       United States or the Constitution of the state in connec-
       tion with a matter of public concern, unless the party
       that brought the complaint . . . sets forth with particu-
       larity the circumstances giving rise to the complaint
       . . . and demonstrates to the court that there is proba-
       ble cause, considering all valid defenses, that the party
       will prevail on the merits of the complaint . . . .’’
       (Emphasis added; footnote added.) Accordingly, by its
       plain language, the statute requires courts to engage in
          13
             General Statutes § 52-196a (a) provides in relevant part the following
       definitions: ‘‘(2) ‘Right of free speech’ means communicating, or conduct
       furthering communication, in a public forum on a matter of public concern;
       (3) ‘Right to petition the government’ means (A) communication in connec-
       tion with an issue under consideration or review by a legislative, executive,
       administrative, judicial or other governmental body, (B) communication
       that is reasonably likely to encourage consideration or review of a matter
       of public concern by a legislative, executive, administrative, judicial or other
       governmental body, or (C) communication that is reasonably likely to enlist
       public participation in an effort to effect consideration of an issue by a
       legislative, executive, administrative, judicial or other governmental body;
       (4) ‘Right of association’ means communication among individuals who
       join together to collectively express, promote, pursue or defend common
       interests . . . .’’
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