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Annamalai v. Capital One Fin. Corp.

The trial court properly dismissed the plaintiff's complaint for malicious arrest and intentional infliction of emotional distress, as it violated Georgia's anti-SLAPP statute.

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Annamalai Annamalai filed a complaint for malicious arrest and intentional infliction of emotional distress against Capital One Financial Corporation “Capital One” and Christine Razor, a law enforcement coordinator for Capital One. The trial court dismissed the complaint on the ground that it violated Georgia’s anti-SLAPP “Strategic Lawsuit Against Public Participation” statute.1 Finding no error, we affirm.

The undisputed evidence shows that in 2008, the Gwinnett County Police Department began receiving numerous complaints from individuals throughout the country alleging that they were victims of credit-card fraud committed by the Hindu Temple of Georgia and Annamalai the Temple’s founder. Specifically, the victims claimed that they contacted the Hindu Temple in order to purchase religious services or materials, only to later discover that their credit cards had been charged more than the agreed-upon amount. Officer Paul Cwalina was assigned to investigate the complaints, including one by Seema Patel. Cwalina contacted Razor to gather information for his investigation, and Razor provided what relevant information she could. Cwalina decided to arrest Annamalai and seek criminal charges against him and the Temple. The charges ultimately were not pursued.

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