• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • Services
  • Contact
  • Reviews

California Defamation Law Blog

  • Home
  • About
  • Blogs
  • Archive Page
  • Privacy Policy
  • Disclaimer
  • Services
  • Contact Us
  • (626) 793-8607
You are here: Home / character / Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial

Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial

April 25, 2010 by Adrianos Facchetti Leave a Comment

As I sit here and enjoy another sunny day in Los Angeles, California, I think to myself, "man, I’m lucky." I get to litigate cases which intrigue me, and get to help people resolve their disputes without resorting to self-help (in most instances).

But you’re not here to listen to my idle musings.

You’re reading this because you want to know what’s the single biggest weapon to knock out a defamation lawsuit post-anti-SLAPP motion.

Now, my guess is that you’ve probably already tried filing an anti-SLAPP motion and you lost . . .

And . . .

You don’t want to go trial because you know it’s a big risk and it could end up costing you a lot of money (aside from the attorney’s fees).

So what is this weapon of choice in defamation cases?

It’s the almighty Motion for Summary Judgment.

What you might know is that it has the potential to knock out each of your opponent’s claims.

However, what you might not know is that it is particularly potent in the defamation and/or invasion of privacy context.

Specifically, courts have held that:

"Summary judgment is a favored remedy in defamation and invasion-of-privacy cases due to the chilling effect of protracted litigation on First Amendment rights."

and . . .

“[T]he courts impose more stringent burdens on one who opposes the motion and require a showing of high probability that the plaintiff will ultimately prevail in the case. In the absence of such showing, the courts are inclined to grant the motion and do not permit the case to proceed past the summary judgment stage.”

The message is clear to defendants:

All things being equal, the court is likely to rule in your favor.

I just shared an extremely important piece information with you that most attorneys don’t even know about. If you enjoyed it, and you want to get more great information, click here to get the "Ultimate Beginner’s Guide To Defamation Law."

 

Buffer Share

Filed Under: character, Defamation, judgment, motion, of, summary Tagged With: defamation of character, motion, summary judgment

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Some Featured

How to determine which costs are allowable in connection with an anti-SLAPP motion

Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion?

May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion?

Recent Posts

Does a claim for intentional physical distress exist under California law?

Does California’s anti-SLAPP statute apply in bankruptcy court?

Must attorney-client confidences be revealed in order to obtain attorney’s fees after a successful anti-SLAPP motion?

Follow Us On

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter

Search

Footer

California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

Recent Posts

  • How to determine which costs are allowable in connection with an anti-SLAPP motion July 18, 2022
  • Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion? June 28, 2022
  • May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion? June 24, 2022
  • Does a claim for intentional physical distress exist under California law? June 20, 2022

Copyright © 2025 · Magazine Pro on Genesis Framework · WordPress · Log in