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?
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Can You Amend A Complaint After An Anti-SLAPP Motion Is Filed?
You're a plaintiff and you just received an anti-SLAPP motion from the defendant. Your lawyer reviews the motion and determines that it is persuasive and is likely to result in a victory for the defendant, unless your complaint is amended. Is the court required to permit an amendment under section 425.16? Does the court have discretion to allow you to amend the complaint? The … [Read more...] about Can You Amend A Complaint After An Anti-SLAPP Motion Is Filed?
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?
Truth Is A Defense To A Claim Of Defamation
Total read time: 2 minutes 49 seconds. "The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is." -Winston Churchill Truth is a complete defense to a claim of defamation. It is the great equalizer in any libel or slander suit. It is what the plaintiff's defamation lawyer fears the most; that what his … [Read more...] about Truth Is A Defense To A Claim Of Defamation