Fear strikes through the heart of many lawyers at the prospect of having to oppose an anti-SLAPP motion. For one thing, it can lead to the dismissal to your case; not to mention the specter of mandatory attorney's fees. But let's get one thing straight. The standard that plaintiff has to meet is not all that high. If defendant sustains its initial burden to demonstrate … [Read more...] about Opposing An Anti-SLAPP Motion: The Plaintiff’s Burden
Anti-SLAPP
“I Didn’t Know The Law” Is Not A Good Excuse For Any Lawyer
I was researching a legal issue on Westlaw the other day and I ran into an interesting case where a lawyer admitted he wasn't aware of the anti-SLAPP statute. In Olsen v. Harbison (2005) 134 Cal.App.4th 278, 285-286, an attorney brought an action in Sacramento County against co-counsel for various claims. The defendant filed an anti-SLAPP motion over 9 months after the second … [Read more...] about “I Didn’t Know The Law” Is Not A Good Excuse For Any Lawyer
Another Reason Not To Hang Out With Celebrities
One of the strangest things to me is how much we worship celebrities in our culture. Turn on any channel or read any newspaper and you'll eventually see a story about a celebrity. This is perplexing and amusing at the same; especially for people like me, who were born and raised in Los Angeles. It's not uncommon to see an actor or director walking around or dining at a … [Read more...] about Another Reason Not To Hang Out With Celebrities
A Key Objection You May Be Overlooking In Anti-SLAPP Motions
Some people have complained lately that I've been way too focused on anti-SLAPP law here. Well, there's a reason for that. It's because SLAPP law plays an important part in just about every defamation case involving matters of public interest. It would be like talking about the Lakers without talking about Lamar Odom or Pau Gasol. Sure Kobe is the star of the team, but … [Read more...] about A Key Objection You May Be Overlooking In Anti-SLAPP Motions
Is An Anti-SLAPP Motion Like A Demurrer?
Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass'n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff … [Read more...] about Is An Anti-SLAPP Motion Like A Demurrer?