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?
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Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether you're bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also screw this one up. What am I talking about? I'm talking about the … [Read more...] about Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
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?
What Are The Most Common SLAPP Causes Of Action?
Defamation/Slander/Libel Business Torts, e.g. Intentional Interference With Contract; Intentional Interference With Prospective Business Advantage; and Intentional Infliction of Emotional Distress Distress (and negligent) If you are being sued, or if you're an attorney representing a defendant and any one of the causes of action above is present, you need to consider whether … [Read more...] about What Are The Most Common SLAPP Causes Of Action?