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Anti-SLAPP

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An expert who prepared a report for a competitor of plaintiff concerning the percentage of construction and demolition trash that plaintiff recycled proved its report was speech protected under the Anti-SLAPP statute, since the recycling rate of waste disposal companies is a subject of intense state and local regulation and there did not need to be a present, on-going controversy… Read More

Trial court should have granted defendant attorney’s anti-SLAPP motion after he was sued for supposedly aiding and abetting the wrongful acts of his client (a landlord) by defending him in a lawsuit brought by the plaintiff (a tenant).  Read More

A complaint charging brother/trustee with wrongfully taking money from elderly mother and from family trust to fund litigation against plaintiff sister was not a SLAPP suit subject to an Anti-SLAPP motion to strike, except for the cause of action alleging wrongful conduct in filing and prosecuting the earlier suits.  Read More

A suit brought in a city’s name by a private attorney is not an enforcement action brought in the name of the People of the State of California by the Attorney General, or a district attorney or a city attorney acting as a public prosecutor and so is not exempt from the Anti-SLAPP statute.  Read More

A citizen suit against his city council was not a public interest suit exempted from Anti-SLAPP protections, since the citizen in question would have benefited personally from a decision in his favor.  Read More

An Anti-SLAPP motion may target allegations of protected activity that form the basis of a claim for relief even if the complaint also alleges unprotected activity as part of the same “cause of action.”  Read More

A plaintiff’s discrimination and retaliation suit against the University where she was a medical resident in anesthesiology did not arise from the University's protected activity in conducting proceedings leading to her discipline and ultimate termination, but rather from the University's allegedly wrongful (and unprotected) antecedent conduct in discriminating and retaliating against plaintiff, which in turn led to the protected disciplinary… Read More

Trial court properly denied Anti-SLAPP motion brought by defendants—JAMS and one of its mediators—since plaintiff’s lawsuit alleging misrepresentations in the mediator’s website biography arose from defendants’ advertising of services for the purpose of enticing purchasers, thus falling within the CCP 415.17(c) exception to the Anti-SLAPP statute.  Read More

Popular soft-porn star adduced prima facie proof that in publishing her picture with an article about HIV in the L.A. porn industry the defendant  news website edited her picture and its caption, making it more likely that the article would imply plaintiff had HIV, thus overcoming defendant’s Anti-SLAPP motion in her defamation suit.  Read More

Plaintiffs’ defamation action based on a scene in American Hustle should have been stricken under the Anti-SLAPP statute as the movie was protected activity, being about subjects of public interest—the Read More

Plaintiff’s defamation action was properly stricken under the Anti-SLAPP statute as defendant’s political campaign ads calling plaintiff “unscrupulous” and a “crook” were non-actionable opinion and hyperbole and plaintiff had no proof of actual malice.  Read More

An order granting an Anti-SLAPP motion as to two of three defendants is not appealable under federal procedural law which governs a diversity case pending in federal court—even though such an order would be appealable under California law Read More

Breach or interference with the City of Carson’s contract with an agent for negotiations for an NFL team to come to the city is not protected speech under the Anti-SLAPP statute.  Read More

Fair report privilege bars defamation and trade libel claims based on a press release issued by plaintiffs’ attorneys accurately summarizing jury verdict and proceedings in a False Claims Act suit against the defamation plaintiff.  Read More

Defendant’s anti-SLAPP motion was properly denied in a suit based on his public distribution of a video of fight between two neighbors, not involving any public figure or  issue of public interest. Read More

A letter from a state-level fire department supervisor to a county-level fire supervisor asking that plaintiff not be assigned any duty that brought him on state fire department premises was not protected speech under the Anti-SLAPP statute, and in fact it breached a settlement agreement under which plaintiff had voluntarily resigned rather than face charges of sexual assault.  Read More

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