Judge strikes defamation lawsuit against San Diego journalist over data center reporting

A San Diego Superior Court judge, Cynthia Freeland, ruled in favor of broadcast journalist Kori Suzuki and his employer, KPBS, by granting an anti-SLAPP motion that dismissed a defamation complaint. The lawsuit was filed by Imperial Valley Computer Manufacturing and its developer Sebastian Rucci, alleging that Suzuki's news articles published in December and January cast Rucci and his proposed Imperial Valley data center in a negative light by omitting crucial information.

Rucci's primary argument centered on Suzuki's reporting that the data center, if built, would consume an estimated 750,000 gallons of water per day in an area already facing water supply issues. Rucci claimed the project was designed to use 100% tertiary-treated reclaimed water, not potable water. He also challenged Suzuki's suggestions that he was attempting to avoid California’s environmental review process and his portrayal of Rucci’s past criminal charges.

Judge Freeland, however, was skeptical, finding that none of the information in Suzuki’s articles was incorrect. She confirmed her tentative ruling, stating the lawsuit targeted protected speech on a matter of public interest and that Suzuki’s reporting was fair, not malicious, or intentionally misleading. The judge emphasized that even if the project used reclaimed water, Suzuki’s true statement about the overall water usage was not defamatory.

Defense attorney Jeff Michalowski highlighted that the public needs journalists to sift through contested and thorny information, and defamation standards are highly protective of media reporting on public concerns. The proposed Imperial Valley Data Center Campus is slated to be the largest in California, promising significant economic benefits with $29 million in annual local tax dollars and thousands of jobs. Rucci has also filed separate lawsuits in Imperial County Superior Court to secure additional water sources for the project.