I routinely hear prospective clients ask me whether they should file a cross-complaint in response to a SLAPP action. In most cases, they ask me this question because a previous attorney has advised them to do it. While filing a cross-complaint certainly escalates the litigation, it rarely serves the interests of the client. So why do attorneys recommend such a course of … [Read more...] about A Cross-Complaint Is Rarely The Answer
Anti-SLAPP
Can filing a petition for a restraining order subject you to the risk of an anti-SLAPP motion?
Every day in countless courts in Los Angeles and elsewhere in California, people are filing petitions to enjoin harassment, whether for domestic violence, internet harassment, or stalking. But while Code of Civil Procedure 527.6 was meant to be a summary procedure, what few realize is that filing a petition for harassment may subject the filer to an anti-SLAPP motion, and thus … [Read more...] about Can filing a petition for a restraining order subject you to the risk of an anti-SLAPP motion?
What are the stages of SLAPP litigation?
Here is a brief outline of the typical stages of anti-SLAPP litigation: After being served with a Complaint, a defendant will have 30 calendar days in which to file a responsive pleading. Typically a responsive pleading comes in the form of an answer, motion to strike, demurrer, or other such document. Defendant will then have 60 days from the date he is served in which to file … [Read more...] about What are the stages of SLAPP litigation?
What is a SLAPP?
SLAPP is an acronym for strategic lawsuit against public participation. It is a lawsuit that targets a person's free speech or petitioning activity. In California, the so-called anti-SLAPP statute is codified in section 425.16 of the Code of Civil of Procedure. The statute allows defendants to file a special motion to strike. In order to prevail, the defendant must show that … [Read more...] about What is a SLAPP?
Google Search Results Can Be Used to Show Public Interest Under Prong One of the SLAPP Statute
Under California's anti-SLAPP statute, a defendant must meet its threshold burden to show that plaintiff's cause of action arises from protected activity. One of the ways to do this is to demonstrate that the protected activity involves a matter of public interest, generally speaking. In cases involving alleged defamatory consumer reviews, one of the challenges a defendant must … [Read more...] about Google Search Results Can Be Used to Show Public Interest Under Prong One of the SLAPP Statute