What is a SLAPP?

SLAPP is an acronym for strategic lawsuit against public participation. It is a lawsuit that targets a person’s free speech or petitioning activity. In California, the so-called anti-SLAPP statute is codified in section 425.16 of the Code of Civil of Procedure. The statute allows defendants to file a special motion to strike. In order to prevail, the defendant must show that its speech or conduct fits within one of the categories spelled out in the statute. If it does, the burden shifts to the plaintiff to show that he can show a probability of prevailing on the merits. If the defendant is successful in striking some or all of plaintiff’s claims, defendant will be entitled to collect its reasonable attorney’s fees.

 

 

 

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