Adkisson's

California Anti-SLAPP

Statutes and Opinions

Unofficial Contents of CCP § 47 -- Privileged Publication Or Broadcast (this statute further down on this page)

 

(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

 

 

A privileged publication or broadcast is one made:

 

(a) In the proper discharge of an official duty.

 

(b) In any

 

(1) legislative proceeding,

 

(2) judicial proceeding,

 

(3) in any other official proceeding authorized by law, or

 

(4) in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure,

 

except as follows:

 

(1) An allegation or averment contained in any pleading or affidavit filed in an action for marital dissolution or legal separation made of or concerning a person by or against whom no affirmative relief is prayed in the action shall not be a privileged publication or broadcast as to the person making the allegation or averment within the meaning of this section unless the pleading is verified or affidavit sworn to, and is made without malice, by one having reasonable and probable cause for believing the truth of the allegation or averment and unless the allegation or averment is material and relevant to the issues in the action.

 

(2) This subdivision does not make privileged any communication made in furtherance of an act of intentional destruction or alteration of physical evidence undertaken for the purpose of depriving a party to litigation of the use of that evidence, whether or not the content of the communication is the subject of a subsequent publication or broadcast which is privileged pursuant to this section. As used in this paragraph, “physical evidence” means evidence specified in Section 250 of the Evidence Code or evidence that is property of any type specified in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4 of the Code of Civil Procedure.

 

(3) This subdivision does not make privileged any communication made in a judicial proceeding knowingly concealing the existence of an insurance policy or policies.

 

(4) A recorded lis pendens is not a privileged publication unless it identifies an action previously filed with a court of competent jurisdiction which affects the title or right of possession of real property, as authorized or required by law.

 

(c) In a communication, without malice, to a person interested therein,

 

(1) by one who is also interested, or

 

(2) by one who stands in such a relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or

 

(3) who is requested by the person interested to give the information.

 

This subdivision applies to and includes a communication concerning the job performance or qualifications of an applicant for employment, based upon credible evidence, made without malice, by a current or former employer of the applicant to, and upon request of, one whom the employer reasonably believes is a prospective employer of the applicant.

 

This subdivision authorizes a current or former employer, or the employer's agent, to answer whether or not the employer would rehire a current or former employee.

 

This subdivision shall not apply to a communication concerning the speech or activities of an applicant for employment if the speech or activities are constitutionally protected, or otherwise protected by Section 527.3 of the Code of Civil Procedure or any other provision of law.

 

(d)

 

(1) By a fair and true report in, or a communication to, a public journal, of

 

(A) a judicial,

 

(B) legislative, or

 

(C) other public official proceeding, or

 

(D) of anything said in the course thereof, or

 

(E) of a verified charge or complaint made by any person to a public official, upon which complaint a warrant has been issued.

 

(2) Nothing in paragraph (1) shall make privileged any communication to a public journal that does any of the following:

 

(A) Violates Rule 5-120 of the State Bar Rules of Professional Conduct.

 

(B) Breaches a court order.

 

(C) Violates any requirement of confidentiality imposed by law.

 

(e) By a fair and true report of

 

(1) the proceedings of a public meeting, if the meeting was lawfully convened for a lawful purpose and open to the public, or

 

(2) the publication of the matter complained of was for the public benefit.

 

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