Adkisson's

California Anti-SLAPP

Statutes and Opinions

SELECTED COURT OPINIONS ON CALIFORNIA ANTI-SLAPP

 

Newport Harbor Ventures, LLC v. Morris-Cerullo World Evangelism, 4 Cal.5th 637 (Cal., Mar. 22, 2018).

 

Soukup v. Law Offices of Herbert Hafif, 39 Cal.4th 260, 139 P.3d 30, 46 Cal.Rptr.3d 638 (2006).

Kibler v. Northern Inyo County Local Hosp. Dist., 39 Cal.4th 192, 138 P.3d 193, 46 Cal.Rptr.3d 41 (2006).

 

Rusheen v. Cohen 37 Cal.4th 1048, 128 P.3d 713, 39 Cal.Rptr.3d 516 (2006).

Varian Medical Systems, Inc. v. Delfino, 35 Cal.4th 180, 106 P.3d 958, 25 Cal.Rptr.3d 298 (2005).

Gates v. Discovery Communications, Inc., 34 Cal.4th 679, 101 P.3d 552, 21 Cal.Rptr.3d 663 (2004).

Zamos v. Stroud, 32 Cal.4th 958, 87 P.3d 802 (2004).

Olmstead v. Arthur J. Gallagher & Co., 32 Cal.4th 804, 86 P.3d 354, 11 Cal.Rptr.3d 298 (2004).

Jarrow Formulas, Inc. v. LaMarche, 31 Cal.4th 728, 74 P.3d 737 (2003).

Equilon Enterprises, LLC v. Consumer Cause, Inc., 29 Cal.4th 53, 52 P.3d 685 (2002).

Navellier v. Sletten, 29 Cal.4th 82, 52 P.3d 703 (2002).

City of Cotati v. Cashman, 29 Cal.4th 69 (2002).

Wilson v. Parker, Covert & Chidester, 28 Cal.4th 811 (2002).

Ketchum v. Moses, 24 Cal.4th 1122 (2001).

Briggs v. Eden Council, 19 Cal.4th 1106 (1999).

 

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