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
Shloss was Cohen's attorney in a disability discrimination suit Cohen brought against Golden State when one of its delivery drivers parked in a disabled persons parking spot to make a delivery. Cohen claimed the delivery truck kept him from parking the disabled spot and thus blocked his access to nearby business A. At trial, Cohen had no evidence to show… Read More
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
Anti-SLAPP motions to strike may not be filed in limited jurisdiction cases. 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
Air quality district sued plaintiff for violating various state laws banning emissions of air contaminants in his agricultural activities; the district was entitled to win its Anti-SLAPP motion to dismiss plaintiff’s cross-complaint since it arose from the district's protected conduct in suing him for his emissions. 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
