You might expect that a statement of decision is required on an order for an anti-SLAPP motion. Such a motion involves important interests (Constitutional interests) and is much more involved than your average motion (demurrer, motion to strike). It requires the parties to submit evidence which would be admissible at trial, has the potential to end a case, and such an order is … [Read more...] about Is A Statement Of Decision Required On An Order For An Anti-SLAPP Motion?
Anti-SLAPP
Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?
The mere threat of an anti-SLAPP motion (or serving the motion on the other party) may be sufficient to cause them to dismiss the suit before a hearing on the merits. Under those circumstances, are there consequences for the dismissing party? The court in Moore faced this issue and presented it clearly: "This appeal addresses the question whether the plaintiff in a … [Read more...] about Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?
Celebrity Defamation: Part II
I was at a Kiwanis club meeting the other day and the topic of Tiger Woods came up. Someone mentioned that Tiger was in deep trouble (an obvious observation) and began to rattle off the names of each of Tiger's mistresses and then there was some generally commentary about Tiger's "transgressions." All in good taste, of course. What struck me about this conversation … [Read more...] about Celebrity Defamation: Part II
Anti-SLAPP Law: Legal Malpractice Trap For The Unwary?
The so-called anti-SLAPP statute (CCP § 425.16) was enacted in California in 1992 and has been amended a number of times since then. There are over 350 published appellate decisions interpreting section 425.16 and several California Supreme Court decisions as well. The average attorney does not encounter a SLAPP suit very often in his or practice. I have spoken to a … [Read more...] about Anti-SLAPP Law: Legal Malpractice Trap For The Unwary?
How Long Do You Have To File An Anti-SLAPP Motion?
A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f). In addition, unlike other motions to strike (or a demurrer), an anti-SLAPP motion may be heard before or after a defendant files an … [Read more...] about How Long Do You Have To File An Anti-SLAPP Motion?