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 screw this one up. What am I talking about? I'm talking about the … [Read more...] about Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
Archives for December 2009
Anti-SLAPP Law: Legal Malpractice Trap For The Unwary? Part II
I pointed out last week here that anti-SLAPP law is much more complicated and nuanced than you might expect, and therefore, that it could present a legal malpractice TRAP for the unwary. I repeat: drafting an anti-SLAPP motion is not like doing your average demurrer for failure to state a cause of action or motion to strike. It is much more time intensive (in vast majority of … [Read more...] about Anti-SLAPP Law: Legal Malpractice Trap For The Unwary? Part II
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 purpose of the anti-SLAPP statute is to eliminate … [Read more...] about Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?
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 end a case, and such an order is … [Read more...] about Is A Statement Of Decision Required On An Order For An Anti-SLAPP Motion?
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 question whether the plaintiff in a … [Read more...] about Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?