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Anti-SLAPP

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Hoffman's recordation of an abstract of judgment against Weeden's property was protected activity under CCP 425.16(e), satisfying his Anti-SLAPP motion's first prong.  The litigation privilege also shielded Hoffman from liability on Weeden's claim for slander of title, and that cause of action was properly stricken.  However, the litigation privilege did not apply to or bar Weeden's claims to quiet title… Read More

Plaintiff introduced sufficient evidence to establish a probability of success on his defamation and false light invasion of privacy claims to overcome defendant's Anti-SLAPP motion.  Plaintiff is a world record holder in a number of computer arcade games.  Defendant facilitates video game competitions and runs a website with leaderboards showing top scorers on the games.  After receiving a complaint from… Read More

Over a dissent, this decision holds that the trial court properly denied Dae's Anti-SLAPP motion to strike Traver's probate petition to declare that Dae had violated a no contest clause by filing an earlier petition challenging Traver's acts as trustee.  Dae's petition was protected conduct, but Traver introduced evidence sufficient to show that he had a probability of success on… Read More

Plaintiff runs two bakery stores in Los Angeles.  It baked a birthday cake for defendant's child.  Defendant, who is a celebrity, objected to some of the icing on the cake, saying it looked like pills.  He published scathing reviews of plaintiff's bakeries on the Internet, leading to plaintiff's losing customers and business profits.  Plaintiff sued for defamation.  This decision holds… Read More

A statement of economic interests (Form 700) that California public officials must file is a "political work" for purposes of CCP 425.17(d)(2), and thus any claim arising from its creation, dissemination, exhibition, advertisement, or other similar promotion is not subject to CCP 425.17(b) which exempts from CCP 425.16 suits brought in the public interest.  This means that a claim based… Read More

The trial court correctly denied defendant's Anti-SLAPP motion in this qui tam insurance fraud action against a doctor for preparing fraudulent patient medical reports and billing statements in support of insurance claims.  The billing statements and medical reports were prepared in the ordinary course of the doctor's business and not in serious contemplation of lawsuits, so they were not protected… Read More

Though the filming and exhibition of a public television reality show regarding persons aspiring to be models was entitled to protection under the Anti-SLAPP statute (CCP 425.16(e)), the plaintiff, a real, well-known model, presented enough evidence to show a probability of success on her claims for invasion of privacy, intentional and negligent infliction of emotional distress and misappropriation of her… Read More

This decision states that an arbitrator may not consider an Anti-SLAPP motion to strike, but it finds that the arbitrator's error in granting such a motion was harmless.  At the second stage of the Anti-SLAPP analysis, the arbitrator had to consider the merits of the defendant's cross-complaint.  The arbitrator found that the litigation privilege (Civ. Code 47(b)) barred the cross-complaint. … Read More

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