Then a threejudge panel of the 2nd district court of appeal upheld the lower courts ruling, deciding that the netflix countersuit was not barred by the anti slapp statute. Plaintiffs claims are exactly what californias antislapp statute is designed to prevent. We hold plaintiffs malicious prosecution cause of action was subject to a special motion to strike under california s anti slapp statute. Filing a special motion to strike halts the discovery process. Californias antislapp act was not intended to thwart. How to avoid litigation purgatory or shorten your stay in 1992, california enacted the antislapp strategic lawsuits against public participation statute to combat lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The network counters by filing an anti slapp motion, claiming that the mans case an employment. Chait background and purpose of californias antislappstatute what is a slapp suit. Unless the plaintiff establishes a probability of prevailing on the claim, the court must grant the.
The project cbd defendants filed an anti slapp motion pursuant to california s anti slapp statute. What to do when served with an antislapp motion to dismiss. Third, even ifit were permissible for this court to entertain a motion under the anti slapp act, the motion should be denied because defendants have not met their affirmative burden to make the primafacie case required by the anti slapp act for entitlement to its procedures. As will be explained below, division 6 of this court has. An amended complaint reopens the time to file an antislapp motion without court permission only if the amended complaint pleads new causes of action that could not have been the target of a prior antislapp motion, or adds new allegations that make previously. That is where many attorneys who are unfamiliar with slapp law get into trouble, because they file a crosscomplaint that attacks the complaint, and that itself is a slapp. In addition, the first amendment project has an excellent stepbystep guide to the legal process of defending against a slapp in california. Introduction an older man retires or is pushed out of the job. Goldowitz for amicus curiae on behalf of california anti slapp project. Additionally, a staple of antislapp measures is awarding a prevailing movant his or her costs and reasonable attorneys fees in bringing the antislapp motion. Antislapp motions in california san diego litigation.
The use and abuse of antislapp motions to strike nina golden i. A defendant making an antislapp motion to strike must, to satisfy the statutes first prong, demonstrate that the underlying lawsuit arises out of acts made in furtherance of the defendants right of petitio n or free speech under the united states constitution or the california constitution in connection with a public issue. In a nutshell, the texas anti slapp statute offers. This statute was enacted to correct abuse of the anti slapp statute ccp 425.
The nuts and bolts of antislapp what every lawyer should know about antislapp motions under code of civil procedure 425. This statute was enacted to correct abuse of the antislapp statute ccp 425. Antislapp motions in california san diego litigation lawyers. The california antislapp statute allows defendants to seek the dismissal of a complaint at the beginning of the lawsuit, before the expensive and timeconsuming discovery process begins.
The defendants filed a motion to dismiss the claims under federal rule of civil procedure 12b6 and a special motion to strike the complaint under californias antislapp statute, cal. If the court grants isocs anti slapp g the 5, 2016. Code of civil procedure california antislapp project. The second prong of an anti slapp motion, if the court determines the first prong has been satisfied, is for the plaintiff to show a probability that the plaintiff will prevail on. California state courts apply a twostep process in determining whether to grant an anti slapp special motion to strike brought under section 425.
Aug 09, 2019 what californias antislapp statute is designed to prevent. This page covers information specific to california. The statute allows you to file a special motion to strike a complaint filed against you based on. States constitution or the california constitution in connection with a public issue. Oct 04, 2017 if you have caselaw or an argument that the anti slapp motion is not permitted, you need to raise that objection with the trial court by your opposition andor a motion to strike that anti slapp motion. Jeff filed an antislapp motion that looked like a supreme court brief. An anti slapp motion is a motion to strike lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances. Additionally, a staple of anti slapp measures is awarding a prevailing movant his or her costs and reasonable attorneys fees in bringing the anti slapp motion. Concurrently, ask that the anti slapp motion be continued so that your motion can be heard and decided and still afford you the opportunity to provide a written opposition. The conduct 9 complained of implicates defendants rights of petition and free speech and thus lois subj ect to california s anti slapp statute, california code of civil procedure. An antislapp motion is a motion to strike lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances. On the defense side, some attorneys dont understand that the antislapp motion is its own creature, not simply a statute to be invoked in a 12b5 motion. Californias antislapp statute provides for a special motion to strike a complaint where the complaint arises from activity exercising the rights of petition and free speech.
While california and nevada enacted anti slapp laws around the same time, the parallels between the states laws ended there. Wayans,28 another employer also filed an antislapp motion in response to an employees feha racial harassment lawsuit. The countys claim is subject to the anti slapp statute, code of civil procedure, section 425. This motion is proper because the challenged claims. This case is a quintessential slapp because it was brought to infringe defendants free speech rights, and the dfeh cannot establish a probability of prevailing on the merits as a matter of law.
Jun 29, 2017 californias antislapp strategic lawsuit against public participation law has been an inviting first line of attack for defendants and crossdefendantsand a potential pitfall for. The anti slapp special motion to strike enables courts to dismiss, early in the proceedings, specious lawsuits that lack merit, whose aim is not to win the lawsuit but to detract the. The new law expedites the decisionmaking process, requiring a court to rule on an anti slapp motion within seven judicial days while also allowing immediate appeal of a denied anti slapp motion. It affirmed the denial of defendants motion because plaintiff established a probability of succeeding on. Five years of anti slapp in texas 2 provides for an immediate right to an interlocutory appeal if the anti slapp motion is denied and creates a stay of discovery in the lawsuit while the anti slapp motion is pending andor appealed so as to not unnecessarily run up the defense costs. Fox said the countersuit should be thrown out because it concerned protected speech under the california antislapp statute, but the judge rejected the motion. But they can be useful as a case study material for some classes in sociology of law or social media. Make an exparte application to set a motion on calendar for hearing prior to the date that the anti slapp motion is set for. A slapp lawsuit is one that isnt really meritorious, but instead has been brought to harass or retaliate against the defendant because the defendant has exercised an important and lawful right under the federal or state constitution, or some other statute. Slapp suits are not limited to defamation actions, but they are by far the most common. That 6 ruling terminated this case in its entirety and rendered boing boing the prevailing party in this. General reporting guidelines special motions to strike strategic lawsuits against public participation slapps. Drafting successful antislapp motions in california law360. We hold plaintiffs malicious prosecution cause of action was subject to a special motion to strike under californias antislapp statute.
Californias antislapp law and related state statutes. Analysis of an anti slapp motion under the tcpa proceeds in three steps. California s anti slapp strategic lawsuit against public participation law has been an inviting first line of attack for defendants and crossdefendantsand a. Got the individual who sued me to pay all of my costs. Specifically, the trial court determined that all of the counts alleged against the project cbd defendants arose from protected activity under the anti slapp. Californias antislapp act was not intended to thwart feha.
Defendants brought the present antislapp motion to strike the dfehs complaint. This statute creates a procedural defense to civil actions that can result in a dismissal without prejudice at the pleading. Drafting successful antislapp motions in california. Chait background and purpose of california s anti slappstatute what is a slapp suit. California s anti slapp statute provides for a special motion to strike a complaint where the complaint arises from activity exercising the rights of petition and free speech. Drafting successful anti slapp motions in california by jason russell, hillary hamilton and adam lloyd september 23, 2019, 2. The california anti slapp project also has two excellent guides on dealing with a slapp suit in california, survival guide for slapp victims and defending against a slapp. Order regarding defendants antislapp motion gloria allred.
It is well established that filing a lawsuit is an exercise of a partys constitutional right of petition. Then a threejudge panel of the 2nd district court of appeal upheld the lower courts ruling, deciding that the netflix countersuit was not barred by the antislapp statute. Although most trial court orders resolving an anti slapp motion are subject to interlocutory appeal, the court of appeal found the california legislature precluded interlocutory appellate jurisdiction over an appeal of an order denying an anti slapp motion on the ground that the commercial speech exemption applied. Fox said the countersuit should be thrown out because it concerned protected speech under the california anti slapp statute, but the judge rejected the motion. The defendants filed a motion to dismiss the claims under federal rule of civil procedure 12b6 and a special motion to strike the complaint under california s anti slapp statute, cal. A defendant making an anti slapp motion to strike must, to satisfy the statutes first prong, demonstrate that the underlying lawsuit arises out of acts made in furtherance of the defendants right of petitio n or free speech under the united states constitution or the california constitution in connection with a public issue. Sargon and the science the breadth and power of reliable. An an ti slapp motion to strike is generally available when one of the causes of action in a case is based on an act of a person in furtherance of the persons constitutional right of petition or free speech in connection with a public issue.
While california and nevada enacted antislapp laws around the same time, the parallels between the states laws ended there. That special motion to strike is the anti slapp motion. The second prong of an antislapp motion, if the court determines the first prong has been satisfied, is for the plaintiff to show a probability that the plaintiff will prevail on the claim. Cohen brings this motion on the grounds that plaintiffs claim arises out of. The antislapp motion by defendantcrosscomplainant kelley wolff a. The slapp can be, and often is, a crosscomplaint filed in the action. Anti slapp motions are now a standard tool in the defense litigators toolbox. This motion is proper because the challenged claims are a calculated effort by plaintiffs to. Proposed order granting isocs special motion to strike pursuant to ccp 425. Slapp stands for strategic lawsuit against public participation. Defamation statutes california slapp lawcalifornia slapp law.
Slapp is an acronym for strategic lawsuit against public participation. Third, even ifit were permissible for this court to entertain a motion under the anti slapp act, the motion should be denied because defendants have not met their affirmative burden to make the primafacie case required by the anti slapp act. The court should grant the motion, and dismiss this case. Although slapp stands for strategic lawsuits against public participation, a complaint is subject to an anti slapp motion if it is based on any written or oral statement made before a government entity, made. Californias antislapp statute applies to plaintiffs second.
That special motion to strike is the antislapp motion. Antislapp law in california digital media law project. For general information concerning strategic lawsuits against public participation slapps, see the overview section of this guide you can use california s antislapp statute to counter a slapp suit filed against you. An amended complaint reopens the time to file an anti slapp motion without court permission only if the amended complaint pleads new causes of action that could not have been the target of a prior anti slapp motion, or adds new allegations that make previously. How to avoid litigation purgatory or shorten your stay in 1992, california enacted the anti slapp strategic lawsuits against public participation statute to combat lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. First, much of the conduct that the county complains of surrounds the underlying. What every lawyer should know about antislapp motions. The copies are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter.
Defendants brought the present anti slapp motion to strike the dfehs complaint. In that case, pierre daniel, an actor working on a haunted. Orrick at the united states district court for the northern district of california, 17th floor, 450 golden gate ave. The anti slapp motion to dismiss was designed to allow people to speak out against wrongdoings without being afraid that the defendant would. The trial court issued an order granting the motion in part and denying it in part.