“Anti-SLAPP”- Weapon of Choice for Defendants

Beyond the obvious hurdles of proving a defamation case, a Plaintiff has to worry about what I call the “Bazooka,” (mainly because I love saying that word). The Bazooka is an anti-SLAPP motion. Such a motion allows a defendant to dispose of the case at an early stage of litigation and is found in California Civil Code of Procedure section 425.16, et seq. Basically, as long the defendant can show that the lawsuit is directed against free speech, defendant will prevail unless plaintiff can demonstrate a probability of prevailing on the merits. This is no easy task, especially in cases where the defendant contends that plaintiff is a public figure. Thus, the Bazooka.

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