A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f). In addition, unlike other motions to strike (or a demurrer), an anti-SLAPP motion may be heard before or after a defendant files an … [Read more...] about How Long Do You Have To File An Anti-SLAPP Motion?
Archives for December 2009
What Is A “Public Forum” For Purposes Of The Anti-SLAPP Statute?
The purpose of the so-called “SLAPP” statute is to eliminate lawsuits brought “primarily to chill the valid exercise of the constitutional right of freedom of speech and petition for the redress of grievances.” Code Civ. Proc. Section 425.16(a). Courts engage in a two-part analysis focusing first on whether the disputed cause of action arises from … [Read more...] about What Is A “Public Forum” For Purposes Of The Anti-SLAPP Statute?
U.S. Student Amanda Knox Convicted Of . . .
You probably thought I was going to write that Amanda Knox was convicted of murder. And while you're correct that Ms. Knox was convicted of that crime in Italy today, that's not what I was going to write. Did you know that Ms. Knox was also convicted of defamation? It's true. Ms. Knox implicated another man in the murder earlier in the investigation and, guess what, defamation … [Read more...] about U.S. Student Amanda Knox Convicted Of . . .
Can You Amend A Complaint After An Anti-SLAPP Motion Is Filed?
You're a plaintiff and you just received an anti-SLAPP motion from the defendant. Your lawyer reviews the motion and determines that it is persuasive and is likely to result in a victory for the defendant, unless your complaint is amended. Is the court required to permit an amendment under section 425.16? Does the court have discretion to allow you to amend the complaint? The … [Read more...] about Can You Amend A Complaint After An Anti-SLAPP Motion Is Filed?
Filing A Lawsuit In A Foreign Country: Protected Conduct Under The Anti-SLAPP Statute?
This is a brand new case (filed yesterday) by the California Court of Appeal, Second District, located in Los Angeles. Guessous v. Chrome Hearts, LLC (2009) WL 4263833. The plaintiffs are Mohammed Amal Guessous ("Guessous") and Five Bis. Guessous is a U.S. citizen and resident of Los Angeles. He has an ownership interest in Five Bis, a French limited … [Read more...] about Filing A Lawsuit In A Foreign Country: Protected Conduct Under The Anti-SLAPP Statute?