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Anti-SLAPP

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In reviewing an order denying an Anti-SLAPP motion in a malicious prosecution case, the appellate court applies the norrmal standard of review, drawing all inferences in favor of the non-moving party.  Those inferences will not affect the case when it proceeds to trial.  And the appellate court's affirmance of the order denying the Anti-SLAPP motion will only preclude a summary… Read More

The trial court correctly denied defendant's Anti-SLAPP motion in this bad faith case by an insured against its insurer.  The insured claimed the insurer had breached its duty of good faith by retaining conflicted counsel, failing to pay amounts owed, and misleading Trilogy regarding obligations under the policies.  The insured alleged that the insurer urged or compelled defense counsel to… Read More

A candidate for public office petitioned for a writ of mandate challenging the opposing candidate's ballot statements as misleading.  The petition was dismissed on the merits; then the real party's (opposing candidate's) AntiSLAPP motion was denied as moot and his separate motion for a private attorney general fee award was denied on the ground he had not shown his defense… Read More

The Anti-SLAPP statute protects the defendant, an employee of plaintiff, from plaintiff’s breach of contract action arising from the employee’s decision to file an employment lawsuit, notwithstanding the arbitration clause in his employment agreement. Read More

Ads for musical, political or artistic works are not categorically excluded from protection under the Anti-SLAPP statute, but still must concern a matter of public interest to be protected; here, an ad for Michael Jackson’s posthumous record album was protected because its claim Jackson was the lead singer on three tracks addressed a matter of public interest. Read More

Civ. Code 1942.5(d) and (h), which grant a tenant a cause of action for a landlord's retaliatory eviction create an implied exception to the litigation privilege since otherwise the anti-retaliation statute would be rendered toothless; so tenant survived landlord’s Anti-SLAPP motion. Read More

Under Civil Code 47(b)’s divorce exception, ex-wife’s allegedly defamatory statements about a nanny in a declaration filed in her marital dissolution proceeding are not protected by the litigation privilege. Read More

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