Adkisson's

California

Anti-SLAPP

 

Coming Soon

 

California Code of Civil Procedure Section 425.18

SLAPPBack Actions; Motion To Strike; Limitations Periods; Discovery; Remedies

 

(a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature's intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy.

 

(b) For purposes of this section, the following terms have the following meanings:

 

(1) “SLAPPback” means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16.

 

(2) “Special motion to strike” means a motion made pursuant to Section 425.16.

 

(c) The provisions of subdivisions (c), (f), (g), and (i) of Section 425.16, and paragraph (13) of subdivision (a) of Section 904.1, shall not apply to a special motion to strike a SLAPPback.

 

(d)

 

(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:

 

(A) Within 120 days of the service of the complaint.

 

(B) At the court's discretion, within six months of the service of the complaint.

 

(C) At the court's discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.

 

(2) The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.

 

(e) A party opposing a special motion to strike a SLAPPback may file an ex parte application for a continuance to obtain necessary discovery. If it appears that facts essential to justify opposition to that motion may exist, but cannot then be presented, the court shall grant a reasonable continuance to permit the party to obtain affidavits or conduct discovery or may make any other order as may be just.

 

(f) If the court finds that a special motion to strike a SLAPPback is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.

 

(g) Upon entry of an order denying a special motion to strike a SLAPPback claim, or granting the special motion to strike as to some but less than all causes of action alleged in a complaint containing a SLAPPback claim, an aggrieved party may, within 20 days after service of a written notice of the entry of the order, petition an appropriate reviewing court for a peremptory writ.

 

(h) A special motion to strike may not be filed against a SLAPPback by a party whose filing or maintenance of the prior cause of action from which the SLAPPback arises was illegal as a matter of law.

 

(i) This section does not apply to a SLAPPback filed by a public entity.

 

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

 

SITE MAP

© 2017 by Riser Adkisson LLP. All rights reserved. No part of this website may be copied in whole or in any part without the express written permission of Riser Adkisson LLP. No attorney of the firm is a legal specialist in any area of practice, and no attorney of the firm has been approved as a legal specialist by any state board of legal specialization or similar body. Nothing herein is any advertisement or offer by the firm to practice in any jurisdiction where no attorney of the firm is licensed to practice law. This website does not give any legal advice or opinion, and is no substitute for the advice and counsel of an attorney consulted in the relevant jurisdiction. Questions about this website should be directed to info [at] risad.com, by phone to 949-200-7773 or by fax to 877-698-0678. This website is https://antislappcalifornia.com