This is a question that comes up quite frequently and appears to be a source of some confusion. The law is that motions to strike a state law claim are proper in California Federal courts, e.g., libel, slander, intentional interference with prospective economic advantage. This is so because there is no conflict between the Federal rules and Code of Civil Procedure 425.16(b). … [Read more...] about Can an anti-SLAPP Motion Be Filed In Federal Court?
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Why the “Do it Yourself” Mentality Is A Bad Idea
We are a "do it yourself" nation. If you don't believe me, just take a look at the "how to" section of any bookstore or library and you'll see what I'm talking about. There are books on how to do just about anything, including practicing law. Now, I'm not here to knock those kinds of books because they have their place. I understand that the economy is tough … [Read more...] about Why the “Do it Yourself” Mentality Is A Bad Idea
The Question Nearly Every Client Asks Me . . .
and which is the WRONG question. It goes something like this: "Adrianos, someone wrote defamatory comments about me on the internet and I want to do something about it. Can I file a lawsuit?" This is the WRONG question. Anyone can file a lawsuit at anytime, whether it's defamation, libel, slander, intentional infliction of emotional distress, breach of … [Read more...] about The Question Nearly Every Client Asks Me . . .
Exception To The Discovery Stay Under the anti-SLAPP Statute
As I've mentioned in previous posts numerous times before, upon the filing of an anti-SLAPP motion, "all discovery proceedings" are stayed. However, there is an exception where the Plaintiff can show good cause: (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall … [Read more...] about Exception To The Discovery Stay Under the anti-SLAPP Statute
What Is The Standard of Review On An anti-SLAPP Appeal?
I outlined in a previous post how risky it is for a losing plaintiff on an anti-SLAPP motion to appeal a trial court's ruling. The primary reason being that a prevailing defendant may be awarded his attorney's fees for opposing the SLAPP at the trial and appellate levels. But in this post I want to lay off the doom and gloom (after all, it's another sunny day in Los Angeles) … [Read more...] about What Is The Standard of Review On An anti-SLAPP Appeal?