Enough! Enough of the vague allegations that leave defamation defense counsel (like myself) wondering what you mean when you plead, for example, that "defendant made statements indicating that plaintiff is dishonest and is a liar." That is not enough to properly state a cause of action for libel or defamation! “The general rule is that the words constituting an … [Read more...] about Libelous Statements Must Be Specifically Identified
Is An Anti-SLAPP Motion Like A Demurrer?
Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass'n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff … [Read more...] about Is An Anti-SLAPP Motion Like A Demurrer?
Federal Anti-SLAPP Legislation Introduced (Finally)
Tennessee Congressman Steve Cohen recently introduced H.R. 4364, which is a proposed federal anti-SLAPP law (I mentioned this in an earlier post here). If passed, this could have a significant impact on the legal landscape nationwide. If you liked this post please subscribe to the California Defamation Law Newsletter to receive the "Ultimate Beginner's Guide … [Read more...] about Federal Anti-SLAPP Legislation Introduced (Finally)
Don’t Make This Mistake In Your Declaration . . .
As I wrote in an earlier post this week, the parties to an anti-SLAPP motion must present competent, admissible evidence. Such evidence is usually presented in a declaration, which is where most people make a very common and totally avoidable mistake. It usually looks like this: "I am informed and believe that John Doe claims he is an accredited physical therapist and has … [Read more...] about Don’t Make This Mistake In Your Declaration . . .
Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether you're bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also screw this one up. What am I talking about? I'm talking about the … [Read more...] about Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence