Lutfi scores another important victory. The Second District Court of Appeals, in Los Angeles, affirmed the trial judge's decision denying Spears's (not Britney--her mother) anti-SLAPP motion. If you recall, Spears wrote a book and included some statements about Lufti, which he didn't like very much, to put it mildly. So he sued her claiming libel, defamation, and intentional … [Read more...] about Lutfi v. Spears: Court of Appeal Rules In His Favor
SLAPP
Can an anti-SLAPP Motion Be Filed In Federal Court?
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?
Why the “Do it Yourself” Mentality Is A Bad Idea
We are a "do it yourself" nation. If you don't believe me, just take a look at the "how to" section of any bookstore or library and you'll see what I'm talking about. There are books on how to do just about anything, including practicing law. Now, I'm not here to knock those kinds of books because they have their place. I understand that the economy is tough … [Read more...] about Why the “Do it Yourself” Mentality Is A Bad Idea
A Little Known Requirement in the California anti-SLAPP Statute
I was not surprised last week when a Judge said that anti-SLAPP is a complicated area of law—it most certainly is. There are well over 350 published decisions on the subject, including several California Supreme court decisions. I often tell other lawyers that they need to be very careful in crafting their papers in support of or in opposition to an anti-SLAPP motion. One … [Read more...] about A Little Known Requirement in the California anti-SLAPP Statute
Is An Anti-SLAPP Motion Like A Demurrer?
Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass'n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff … [Read more...] about Is An Anti-SLAPP Motion Like A Demurrer?