The short answer is, yes. The attorney's fee provision under subdivision (c) of the anti-SLAPP statute is applicable in federal court in diversity cases. The reason it applies is because it is deemed "substantive" for purposes of the Erie doctrine, and thus it does not directly collide with procedural rules, e.g., FRCP rules 56, 12, or 8. Newsham v. Lockheed MIssiles Space Co. … [Read more...] about Are anti-SLAPP fees recoverable in federal court?
Archives for April 2022
Clarity Co. Consulting, LLC v. Gabriel: Second District Court of Appeal Imposes Sanctions for Taking Frivolous Appeal
This case is a cautionary tale for attorneys. Plaintiff Clarity Co. Consulting LLC, a consulting company, alleged causes of action for breach of contract and other related claims against defendant ONclick, a health care start up company (and other individuals associated with the company) arising out of a failure to pay for services. ONclick's general counsel acting in his … [Read more...] about Clarity Co. Consulting, LLC v. Gabriel: Second District Court of Appeal Imposes Sanctions for Taking Frivolous Appeal
Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant's demurrer as to the second amended complaint with … [Read more...] about Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
Can a plaintiff successfully move to set aside an anti-SLAPP judgment based on the mandatory provision of Code of Civil Procedure section 473b?
In certain circumstances, plaintiffs may move to set aside an anti-SLAPP judgment under the mandatory provision of Code of Civil Procedure section 473b, claiming attorney “mistake,” “inadvertence,” or “surprise." But such a motion would be unavailing because it does not seek relief from a default, default judgment, or dismissal, but rather a judgment entered pursuant to the … [Read more...] about Can a plaintiff successfully move to set aside an anti-SLAPP judgment based on the mandatory provision of Code of Civil Procedure section 473b?