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Appellate review of remedies and procedural protection for commercial reports
California's Court of Appeal, Fourth District, Division Three issued the eGumball decisions concerning a payment-risk listing and attempts to challenge it. The 2023 emergency-relief appeal and the modified 2025 anti-SLAPP opinion address different procedural questions.
On 17 May 2023, the court reversed interim mandatory relief for insufficient proof of the required harm before a preliminary-injunction hearing, reserving the merits. In 2025 it upheld denial of Merrick's anti-SLAPP motion because this confidential commercial report did not contribute to public discussion under the relevant provision. A 6 May modification corrected the account of eGumball's contractual assertion without changing the judgment. The opinions establish neither final liability nor completed delisting.
California Court of Appeal, Fourth District, Division Three → eGumball G062863M anti-SLAPP appeal
2025-04-23 – 2025-04-23
Court found this confidential commercial report did not contribute to public discussion under425.16(e)(4), while rejecting a categorical exclusion of all confidential commercial speech. Conversion was outside the motion; liability and privilege/contract defenses remain unadjudicated.
California Court of Appeal, Fourth District, Division Three → eGumball G062863M anti-SLAPP appeal
2025-05-06 – 2025-05-06
6May order substitutes eGumball's assertion that processed2020/2021 transactions were directly connected to written contracts; the contrary unmodified sentence is superseded. Rehearing denied, no judgment change; the assertion is not an adjudicated fact.
California Court of Appeal, Fourth District, Division Three → eGumball G060853 emergency-relief appeal
2023-05-17 – 2023-05-17
17May2023 appeal reversed for insufficient showing of required interim harm before a preliminary-injunction hearing, expressly reserving merits. Delisting alone would still need another acquirer's admission decision.
California Court of Appeal, Fourth District, Division Three → eGumball, Inc.
2025-04-23 – 2025-04-23
Disposition ordered an updated public brief within10days concerning28specified documents while partly permitting sealing without prejudice. No actual revised filing, exhibit contents or resulting remedy acquired.
eGumball later disposition: a failed procedural shield, not delisting ↗
California Court of Appeal, Fourth District, Division Three → reversed emergency mandatory relief → eGumball G060853 emergency-relief appeal
2023-05-17 – 2023-05-17
17May2023 appeal reversed for insufficient showing of required interim harm before a preliminary-injunction hearing, expressly reserving merits. Delisting alone would still need another acquirer's admission decision.
California Court of Appeal, Fourth District, Division Three → affirmed denial at protected-activity step → eGumball G062863M anti-SLAPP appeal
2025-04-23 – 2025-04-23
Court found this confidential commercial report did not contribute to public discussion under425.16(e)(4), while rejecting a categorical exclusion of all confidential commercial speech. Conversion was outside the motion; liability and privilege/contract defenses remain unadjudicated.
California Court of Appeal, Fourth District, Division Three → modified inverted sentence without changing judgment → eGumball G062863M anti-SLAPP appeal
2025-05-06 – 2025-05-06
6May order substitutes eGumball's assertion that processed2020/2021 transactions were directly connected to written contracts; the contrary unmodified sentence is superseded. Rehearing denied, no judgment change; the assertion is not an adjudicated fact.
California Court of Appeal, Fourth District, Division Three → ordered revised public redacted brief → eGumball, Inc.
2025-04-23 – 2025-04-23
Disposition ordered an updated public brief within10days concerning28specified documents while partly permitting sealing without prejudice. No actual revised filing, exhibit contents or resulting remedy acquired.