California legislators passed a law in 1991 known as the "anti-SLAPP" statute to dispose of lawsuits at an early state of litigation that are primarily aimed at chilling speech. An issue that frequently arises is whether the alleged defamatory statement(s) is a matter of public interest. If so, the first prong of the statute is satisfied, and the burden … [Read more...] about Hailstone v. Martinez: What Exactly Is A Matter of Public Interest?
Anti-SLAPP
Proposed Federal Anti-SLAPP Legislation
One of the websites I check often is California Anti-SLAPP Project ("CASP"). CASP was founded in 1991 and has been instrumental in shaping California's anti-SLAPP statute. To put this statement in perspective, California was the first state to enact a so-called anti-SLAPP statute. Now nearly thirty states have such a statute. CASP was … [Read more...] about Proposed Federal Anti-SLAPP Legislation
How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
The purpose of an anti-SLAPP motion in California is to dispose of lawsuits at an early stage of litigation. The motion must be filed within 60 days of the filing of the complaint, unless a court expressly allows a late filing. CCP § 425.16(f). While courts generally have wide discretion to allow late filings, no court has squarely decided the issue--how long is too long? … [Read more...] about How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
Victory! Anti-SLAPP Motion Denied in Defamation Case
I represent a plaintiff in a defamation case involving internet defamation and offline defamation. The Defendant filed an anti-SLAPP motion. SLAPP is an acronym for Strategic Lawsuits Against Public Participation. These types of motions are meant to dispose of lawsuits at an early stage, which are primarily aimed at chilling speech. We opposed the motion and the court … [Read more...] about Victory! Anti-SLAPP Motion Denied in Defamation Case
“Anti-SLAPP”- Weapon of Choice for Defendants
Beyond the obvious hurdles of proving a defamation case, a Plaintiff has to worry about what I call the "Bazooka," (mainly because I love saying that word). The Bazooka is an anti-SLAPP motion. Such a motion allows a defendant to dispose of the case at an early stage of litigation and is found in California Civil Code of Procedure section 425.16, et seq. Basically, as long … [Read more...] about “Anti-SLAPP”- Weapon of Choice for Defendants