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Constitutional Law,
Business Law

Sep. 4, 2025

Business rival's disparaging texts deemed commercial speech, judge rules

Orange County Superior Court Judge Lee Gabriel denied Joshua Cua's anti-SLAPP motion in Beverage Visions, LLC v. Cua, holding that texts to BV customers--including false claims of an FBI probe and a trial loss--were commercial solicitations intended to divert business, not protected speech; the case now moves into discovery.

Orange County Superior Court Judge Lee Gabriel on Tuesday ordered a $10 million business dispute to proceed, rejecting an anti-SLAPP motion and finding that defendant Joshua Cua's disparaging texts to rival customers were not protected speech, but commercial solicitations aimed at diverting business.

The case arises from Cua's launch of competing firm Insymmetry after leaving Beverage Visions. Beverage Visions, LLC v. Cua, 30-2024-01417494-CU-CO-CJC (O.C. Super. C...

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