As I sit here and enjoy another sunny day in Los Angeles, California, I think to myself, "man, I'm lucky." I get to litigate cases which intrigue me, and get to help people resolve their disputes without resorting to self-help (in most instances). But you're not here to listen to my idle musings. You're reading this because you want to know what's the single biggest … [Read more...] about Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial
Archives for 2010
Don’t Let The Court Give Your Adversary Special Treatment
Every once and a while I come across a pro se litigant on the other side of the case (note: pro se litigant means someone who is representing him or herself), and this can be a good thing, but it can also be a major irritant On the positive end, as a lawyer, you have a tremendous advantage against your adversary and you can really do a number on him or her if they don't follow … [Read more...] about Don’t Let The Court Give Your Adversary Special Treatment
Plaintiff Need Not Substantiate All Theories Presented Within A Single Cause of Action
In my last post I discussed the 'minimal merit' standard with respect to a plaintiff's burden in opposing an anti-SLAPP motion. Recently, I saw a brief (which prompted this post) where the defendant in its moving papers argued that the plaintiff was required to prove the claim to the court. This is wrong. “A plaintiff is not required ‘to prove the … [Read more...] about Plaintiff Need Not Substantiate All Theories Presented Within A Single Cause of Action
Opposing An Anti-SLAPP Motion: The Plaintiff’s Burden
Fear strikes through the heart of many lawyers at the prospect of having to oppose an anti-SLAPP motion. For one thing, it can lead to the dismissal to your case; not to mention the specter of mandatory attorney's fees. But let's get one thing straight. The standard that plaintiff has to meet is not all that high. If defendant sustains its initial burden to demonstrate … [Read more...] about Opposing An Anti-SLAPP Motion: The Plaintiff’s Burden
Defamation By Omission?
I remember sitting in a church pew many years ago hearing the pastor speak about two different kinds of sin: Sins of "commission" and sins of "omission." I understood very well as a teenager that you weren't supposed to do bad things (commission), but it was always a bit more abstract and difficult to understand that failing to do something could get … [Read more...] about Defamation By Omission?