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California Anti-SLAPP

Statutes and Opinions

Unofficial Contents of CCP § 425.17 - Legislative Findings And Declarations Regarding California Anti-SLAPP Law; Application of § 425.16 (this statute further down on this page)

 

(a) Legislature finds abuse of Anti-SLAPP law

 

(b) Special motion to strike not available where plaintiff seek to enforce important public right; comparative benefit

 

(c) Special motion to strike not available against seller of goods or services in some contexts

 

(d) Exclusions from the exclusions of (b) and (c); dissemination of ideas; certain literary, political or artistic works, non-profits; appealability

 

 

(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16.

 

JayNote: While not saying so explicitly, this ¶ (a) is apparently included to counterbalance the "construed broadly" language of § 425.16(a). In other words, maybe § 425.16 isn't to be construed so broadly after all. From a practical perspective, is this helpful? No.

 

(b) Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist:

 

JayNote: Paragraph (b) and its subparts basically say that an Anti-SLAPP motion cannot be brought against the typical class-action complaint.

 

(1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney's fees, costs, or penalties does not constitute greater or different relief for purposes of this subdivision.

 

(2) The action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons.

 

(3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter.

 

(c) Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist:

 

JayNote: Paragraph (c) basically says that an Anti-SLAPP motion cannot be brought against a suit brought against a commercial seller or lessor, including insurance brokerages and securities firms, for statements made about their competitors while they are engaged in their commercial activity, i.e., an Anti-SLAPP motion cannot be brought in trade disparagement suits.

 

(1) The statement or conduct consists of representations of fact about that person's or a business competitor's business operations, goods, or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services.

 

(2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue.

 

(d) Subdivisions (b) and (c) do not apply to any of the following:

 

JayNote: And the predictable "exceptions to the exceptions" follows.

 

(1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or Section 1070 of the Evidence Code, or any person engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public.

 

JayNote: Journalists and other writers working on an article or book, etc., can bring Anti-SLAPP motions even in class action and trade disparagement cases.

 

(2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to, a motion picture or television program, or an article published in a newspaper or magazine of general circulation.

 

JayNote: Other artists, broadly described, working on their art, can bring Anti-SLAPP motions even in class action and trade disparagement cases.

 

(3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or local government grants, awards, programs, or reimbursements for services rendered.

 

JayNote: Non-profits can bring Anti-SLAPP motions even in class action and trade disparagement cases.

 

(e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to this section, the appeal provisions in subdivision (i) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1 do not apply to that action or cause of action.

 

JayNote: No special appeal rights for those who lost an Anti-SLAPP motion because they brought the motion against a class action or trade disparagement complaint.

 

C O M M O N     P A G E     F O O T E R

RECENT ARTICLES

 

2017.01.13 ... Minnesota Court Of Appeals Boots Clear And Convincing Anti-SLAPP Burden Of Proof

2015.8.29 ... A Call For A Uniform Anti-SLAPP Act

 

UNOFFICIAL QUICK CONTENTS

 

CCP § 425.16 - Anti-SLAPP Motion

 

(a) Declaration of purpose; to be construed broadly

 

(b) Mechanics of the special motion to strike; action subject to motion; burden of proof; pleadings and evidence considered; finding not later useable

 

(c) Attorney's fees and costs recoverable; when; exclusion for some sections of Government Code

 

(d) Special motion to strike not available against government officials

 

(e) Things included in right of petition or free speech; statements and submissions to governmental authorities; public interest statements; constitutionally-protected conduct and speech.

 

(f) Deadlines for filing special motion to strike and for hearing by the court

 

(g) Stay of discovery pending ruling

 

(h) Complaint includes cross-complaint

 

(i) Appealability

 

(j) Reporting to Judicial Council; transmittal; maintenance of information

 

 

CCP § 425.17 - Legislative Findings And Declarations Regarding California Anti-SLAPP Law; Application of § 425.16

 

(a) Legislature finds abuse of Anti-SLAPP law

 

(b) Special motion to strike not available where plaintiff seek to enforce important public right; comparative benefit

 

(c) Special motion to strike not available against seller of goods or services in some contexts

 

(d) Exclusions from the exclusions of (b) and (c); dissemination of ideas; certain literary, political or artistic works, non-profits; appealability

 

 

§ 425.18 - SLAPPBack Actions; Motion To Strike; Limitations Periods; Discovery; Remedies

 

(a) Legislative purpose and intent

 

(b) Definitions of SLAPPback and special motion to strike

 

(c) Certain provisions do not apply to special motions to strike a SLAPPback

 

(d) Procedure on special motions to strike a SLAPPback; deadlines and discretion; scheduling by clerk

 

(e) Limited discovery rights

 

(f) Attorney's fees and costs if frivolous or delaying

 

(g) Appealability of special motion to strike a SLAPPback

 

(h) Where prior cause of action was illegal

 

(i) Non-applicability to public entities

 

 

CCP § 47 -- Privileged Publication Or Broadcast

 

(a) Discharging official duty

 

(b) In legislative and judicial proceedings; exceptions; with malice or without reasonable cause; intentional destruction of evidence; failure to disclose insurance policy; lis pendens

 

(c) Communications without malice; interested parties; right to know; requested information; job performance; interviews

 

(d) Fair and true reports in public journals about judicial or other governmental proceedings; exceptions; violates Lawyer Rules of Professional Conduct; breaches court order; violates confidentiality

 

(e) Fair and true reports of public meetings and publication of matter for public benefit

 

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© 2018 by Jay D. Adkisson. All rights reserved. All Rights Reserved. No claim to original government works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction.  Questions about this website should be directed to jay [at] jayad.com or by phone to 702-953-9617 or by fax to 877-698-0678. This website is https://antislappcalifornia.com