Can an anti-SLAPP Motion Be Filed In Federal Court?

This is a question that comes up quite frequently and appears to be a source of some confusion. The law is that motions to strike a state law claim are proper in California Federal courts, e.g., libel, slander, intentional interference with prospective economic advantage. This is so because there is no conflict between the Federal […]

Exception To The Discovery Stay Under the anti-SLAPP Statute

As I’ve mentioned in previous posts numerous times before, upon the filing of an anti-SLAPP motion, "all discovery proceedings" are stayed. However, there is an exception where the Plaintiff can show good cause: (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this […]

New Civil Discovery Law Protects Online Speech

Internet defamation attorneys and bloggers listen up!  A new law will take effect in California on January 1, 2009, which allows online speakers to obtain attorney's fees if they successfully oppose a subpoena to obtain their personally identifying information in California involving out-of-state litigation. AB2433 was signed into law by Governor Arnold Schwarzenegger on September […]