The general rule is that the California anti-SLAPP statute is to be construed broadly in favor of the protection of speech and petitioning activity. But this does not mean that all "speech or petition activity is protected by section 425.16." Flatley v. Mauro (2003) 39 Cal.4th 299, (referring to)(Lam v. Ngo (2001) 91 Cal.App.4th 832, 851. The First Amendment does not … [Read more...] about Is Illegal Conduct Protected Under The Anti-SLAPP Statute?
Anti-SLAPP
The California Anti-SLAPP Statute
This following is the text of the so-called anti-SLAPP statute: 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to … [Read more...] about The California Anti-SLAPP Statute
What Are The Most Common SLAPP Causes Of Action?
Defamation/Slander/Libel Business Torts, e.g. Intentional Interference With Contract; Intentional Interference With Prospective Business Advantage; and Intentional Infliction of Emotional Distress Distress (and negligent) If you are being sued, or if you're an attorney representing a defendant and any one of the causes of action above is present, you need to consider whether … [Read more...] about What Are The Most Common SLAPP Causes Of Action?
Can An Anti-SLAPP Motion Be Used To Strike A Single Cause of Action?
As I've explained in previous posts, one of most common defense motions in response to a complaint for defamation is the anti-SLAPP motion. The beauty of this motion is that it gives the defendant an opportunity to eliminate a lawsuit at an early stage of litigation before litigation becomes cost prohibitive. Also, if the motion is successful the defendant is awarded … [Read more...] about Can An Anti-SLAPP Motion Be Used To Strike A Single Cause of Action?
Is A Mixed Cause Of Action Subject to Strike Under Section 425.16?
WARNING: This post contains an advanced concept that may only be of interest to California defamation lawyers and other people who deal with anti-SLAPP motions on a regular basis. OK. With that disclaimer in mind, what in the heck is a "mixed cause of action?" A "mixed cause of action" means that the underlying allegations of a given claim contain … [Read more...] about Is A Mixed Cause Of Action Subject to Strike Under Section 425.16?