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Anti-SLAPP

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The trial court erred in granting defendants' Anti-SLAPP motion to strike this malicious prosecution case.  The evidence adduced on the motion showed that plaintiff had a probability of success in establishing the elements of the malicious prosecution claim.  The dismissal of the underlying action for lack of prosecution was potentially a favorable termination on the merits.  The original plaintiff was… Read More

This decision reverses an order denying an Anti-SLAPP motion by the author of a Facebook post that was later republished by BBC's Vietnamese Service about plaintiff, a self-made and proclaimed billionaire who co-founded a large Vietnamese company and dated a prominent Vietnamese model, thereby making himself a public figure in the Vietnamese community.  The defendant showed that his article was… Read More

Allegedly defamatory emails that Simplified sent Trinity and a co-defendant seeking documents and other information for its later-filed lawsuit were protected activity for purposes of the Anti-SLAPP statute (CCP 425.16(e)).  The emails were also protected by the absolute litigation privilege, so Trinity could not prove a probability of success on the merits.  The trial court properly granted Simplified's Anti-SLAPP motion… Read More

During a political campaign, one candidate's election manager wrote a letter to the editor, posted to websites and sent emails accusing plaintiff of having used his charitable foundation to make contributions to city council members in return for their voting to have plaintiff's company named as the contractor for a large construction project.  This decision holds that the trial court… Read More

In reaction to San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, the Legisalture amended CCP 128.5 to require in subdivision (f) that the court first find a motion, complaint or other filing to be frvolous under subdivision (a) and then not award sanctions until after a 21-day safe harbor as under CCP 128.7.  This… Read More

The trial court abused its discretion in refusing to consider defendant's reply declarations on its Anti-SLAPP motion.  The reply declarations addressed an issue that had been raised in the original moving papers--good faith in recording tje mechanics liens in issue, but addressed a particular unanticipated argument that the plaintiff raised in opposition to the motion--that litigation could not have been… Read More

Recording a mechanics lien is protected activity under CCP 425.16(e) (the Anti-SLAPP statute) even if the lien was improperly filed.  The lawfulness of the lien is taken into consideration only during the second step of Anti-SLAPP analysis--that is in considering whether the plaintiff has shown probability of success on the merits.  So the fact that this litigation arose from defendant's… Read More

One dentist brought a defamation action against his former partner, another dentist, for statements the defendant made to various other persons impugning the quality of the plaintiff's dentistry work.  The defendant filed an Anti-SLAPP motion which was granted, and plaintiff appealed.  Held:  Statements about the competency of a professional, like a dentist, concern a matter of public importance and so… Read More

This decision affirms the trial court's denial of the City's Anti-SLAPP motion to strike several allegations of allegedly protected activity from a complaint otherwise alleging contract and tort claims based on the City's obstruction of plaintiff's contract rights to process coal shipments through the Port of Oakland.  The decision ends with a lengthy and insistent call for reform of the… Read More

A signed, filed-endorsed minute order granting an Anti-SLAPP motion as to the entire complaint was a final appealable order.  Plaintiff had 60 days from the date the clerk mailed a copy of the order in which to appeal.  The appeal time was not extended when the trial court thereafter needlessly entered a one-page formal order granting the motion.  Plaintiff's motion… Read More

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