Best Of California Defamation Law Blog: 2009

This has been an exciting year here at the California Defamation Law Blog, so I thought it’d be a good idea to highlight our top 10 favorite posts, considering page views, comments, and other forms of reader feedback. I hope you revisit and enjoy these posts. Here’s to an even better 2010! Here they are: […]

Libelous Statements Must Be Specifically Identified

Enough! Enough of the vague allegations that leave defamation defense counsel (like myself) wondering what you mean when you plead, for example, that "defendant made statements indicating that plaintiff is dishonest and is a liar." That is not enough to properly state a cause of action for libel or defamation! “The general rule is that […]

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 […]

Federal Anti-SLAPP Legislation Introduced (Finally)

Tennessee Congressman Steve Cohen recently introduced H.R. 4364, which is a proposed federal anti-SLAPP law (I mentioned this in an earlier post here). If passed, this could have a significant impact on the legal landscape nationwide. If you liked this post please subscribe to the California Defamation Law Newsletter to receive the "Ultimate Beginner’s Guide To Defamation Law." […]

Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence

I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether you’re bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also […]

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 […]

Is A Statement Of Decision Required On An Order For An Anti-SLAPP Motion?

You might expect that a statement of decision is required on an order for an anti-SLAPP motion. Such a motion involves important interests (Constitutional interests) and is much more involved than your average motion (demurrer, motion to strike). It requires the parties to submit evidence which would be admissible at trial, has the potential to […]

Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?

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 […]