Until recently it was an open question whether an attorney could be held liable jointly and severally with his or her client for attorneys' fees pursuant to the anti-SLAPP statute. But the Second District Court of Appeal, located in Los Angeles, recently put this issue to bed. In Moore v. Kaufman, Justice Rothschild expounded an excellent analysis and concluded that the … [Read more...] about Plaintiff’s Attorneys Are Not Liable For anti-SLAPP Fees
Anti-SLAPP
Is It Possible To Waive Your Right to Free Speech?
If you have been reading the California Defamation Law Blog for any period of time, you would know that I enjoy dispelling common misconceptions. A common misunderstanding is that one may not waive his or her right to free speech. Even some lawyers believe this. But they are wrong. The fact is, there are many instances in which a party can contract away the right to speak in … [Read more...] about Is It Possible To Waive Your Right to Free Speech?
Can an anti-SLAPP Motion Be Filed In Federal Court?
This is a question that comes up quite frequently and appears to be a source of some confusion. The law is that motions to strike a state law claim are proper in California Federal courts, e.g., libel, slander, intentional interference with prospective economic advantage. This is so because there is no conflict between the Federal rules and Code of Civil Procedure 425.16(b). … [Read more...] about Can an anti-SLAPP Motion Be Filed In Federal Court?
Exception To The Discovery Stay Under the anti-SLAPP Statute
As I've mentioned in previous posts numerous times before, upon the filing of an anti-SLAPP motion, "all discovery proceedings" are stayed. However, there is an exception where the Plaintiff can show good cause: (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall … [Read more...] about Exception To The Discovery Stay Under the anti-SLAPP Statute
What Is The Standard of Review On An anti-SLAPP Appeal?
I outlined in a previous post how risky it is for a losing plaintiff on an anti-SLAPP motion to appeal a trial court's ruling. The primary reason being that a prevailing defendant may be awarded his attorney's fees for opposing the SLAPP at the trial and appellate levels. But in this post I want to lay off the doom and gloom (after all, it's another sunny day in Los Angeles) … [Read more...] about What Is The Standard of Review On An anti-SLAPP Appeal?