In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant's demurrer as to the second amended complaint with … [Read more...] about Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
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Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?
You are a plaintiff in a lawsuit and the defendant filed and won an anti-SLAPP motion striking your entire complaint. May a court grant you leave to amend the complaint? In other words, will the court let you "fix the problem" with your complaint. No. Simmons v. Allstate Co. (2001) 92 Cal.App.4th 1068, 1073. The purpose of the anti-SLAPP statute is to eliminate … [Read more...] about Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?