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?
Discovery
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
New Civil Discovery Law Protects Online Speech
Internet defamation attorneys and bloggers listen up! A new law will take effect in California on January 1, 2009, which allows online speakers to obtain attorney's fees if they successfully oppose a subpoena to obtain their personally identifying information in California involving out-of-state litigation.AB2433 was signed into law by Governor Arnold Schwarzenegger … [Read more...] about New Civil Discovery Law Protects Online Speech