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?
SLAPP
What Is A “Public Forum” For Purposes Of The Anti-SLAPP Statute?
The purpose of the so-called “SLAPP” statute is to eliminate lawsuits brought “primarily to chill the valid exercise of the constitutional right of freedom of speech and petition for the redress of grievances.” Code Civ. Proc. Section 425.16(a). Courts engage in a two-part analysis focusing first on whether the disputed cause of action arises from … [Read more...] about What Is A “Public Forum” For Purposes Of The Anti-SLAPP Statute?
Is An Arbitration Claim Subject To An Anti-SLAPP Motion?
The California Court of Appeal, Sixth District, answered this question in Sheppard v. Lightpost Museum Fund (2006) 146 Cal.App.4th 654. In that case the court held that a superior court cannot " . . . grant a motion to strike an arbitration claim filed only in an agreed arbitral forum and not asserted by the claimant in any complaint, cross-complaint or petition filed in … [Read more...] about Is An Arbitration Claim Subject To An Anti-SLAPP Motion?