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?
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Does an order granting an anti-SLAPP motion trigger the 15-day timeframe for filing a cost memorandum?
Courts have recently determined that an order granting an anti-SLAPP motion which disposes of the entire action constitutes a final judgment; however, no published decision has considered whether such an order triggers the 15-day time frame for filing a cost memorandum. Code of Civil Procedure section 577 defines a judgment as “the final determination of the rights of the … [Read more...] about Does an order granting an anti-SLAPP motion trigger the 15-day timeframe for filing a cost memorandum?
What is a final judgment for purposes of an anti-SLAPP motion?
Code of Civil Procedure section 577 defines a judgment as “the final determination of the rights of the parties in an action or proceeding.” “[A] judgment, no matter how designated, is the final determination of the rights of the parties in an action. Thus, an ‘order’ which is the final determination in the action is the judgment.” Passavanti v. Williams (1990) 225 Cal.App.3d … [Read more...] about What is a final judgment for purposes of an anti-SLAPP motion?
Defeating a Motion to Lift the Discovery Ban Under Civil Procedure 425.16(g)
In an attempt to avoid the negative consequences of the anti-SLAPP statute, Plaintiffs often attempt to move the Court to allow them to conduct costly and invasive discovery under Code of Civil Procedure 425.16, subdivision (g). Such requests are typically not supported by good cause and can be successfully opposed, as long as you are familiar with the usual arguments … [Read more...] about Defeating a Motion to Lift the Discovery Ban Under Civil Procedure 425.16(g)
Consumer Reviewers: The First Amendment Protects You Against UCL Claims Arising From Non-Commercial Speech
In cases involving defamation arising from a critical consumer review, Plaintiff's lawyers often make the mistake of including a claim for unfair business practices ("UCL") in their client's complaint. This is often unnecessary because the claim for defamation is sufficient by itself in most cases. All it does is create a larger attack surface for an experienced defamation … [Read more...] about Consumer Reviewers: The First Amendment Protects You Against UCL Claims Arising From Non-Commercial Speech