California Slapp Law

In Episode 15 of the California SLAPP Law Podcast, we discuss (1) the perils of overreaching in your anti-SLAPP motions (making iffy challenges to causes of action can come back to bite you, even if you win), and (2) why you should NEVER assume it’s too late to bring an anti-SLAPP motion , and some […] The post SLAPP015 – It’s Never Too Late to File an Anti-SLAPP Motion appeared first on California SLAPP Law.

In Episode 14 of the California SLAPP Law Podcast, we begin with a discussion of the interplay between anti-SLAPP motions and the Communications Decency Act. The topic came up because of another anti-SLAPP victory we enjoyed this week at Morris & Stone. The anti-SLAPP motion we brought on behalf of our client had nothing to […] The post SLAPP014 – Interaction Between the Communications Decency Act and Anti-SLAPP Motions appeared first on California SLAPP Law.

In Episode 13 of the California SLAPP Law podcast (should I have skipped 13, like they do in buildings?), we cover a lot of information that will be useful to any litigator. Although not directly related to SLAPP law and anti-SLAPP motions, I discuss how and when to bring the various trial motions; Motion for […] The post SLAPP013 – Bench Warrant Arrest Not Protected Activity under Anti-SLAPP Statute appeared first on California SLAPP Law.

Sometimes you just know that a SLAPP is hiding in the complaint, but the complaint is so ambiguous that the SLAPP allegations are unclear. What to do? In this episode, I tell you how to file an anti-SLAPP motion against an ambiguous complaint, which sometimes involves first beating it into shape. I have three approaches, […] The post SLAPP012 – Three Ways to Bring an Anti-SLAPP Motion Against an Ambiguous Complaint appeared first on California SLAPP Law.

In Episode 11 of the California SLAPP Law Podcast, I provide you with six tips to win your attorney fee motions following a successful anti-SLAPP motion. There are so many unscrupulous attorneys who inflate their fee applications, that some judges feel the need to reduce the fees requested on any motion for attorney fees. To […] The post SLAPP011 – Six Tips to Win Your Motion for Attorney Fees Following an Anti-SLAPP Motion appeared first on California SLAPP Law.

In this week’s podcast, we look at two unsuccessful anti-SLAPP motions that were decided this week, and examine where the attorneys went wrong. Yelp continues to get into mischief. In Episode 4 of the California SLAPP Law Podcast, we discussed the case of Yelp v. McMillan Law Group, wherein Yelp is suing a law firm, […] The post SLAPP010 – Travolta and Yelp Anti-SLAPP Motions appeared first on California SLAPP Law.

It was a great anti-SLAPP week at Morris & Stone. Today we discuss two of our motions, and the result of last week’s Evil Yogurt Maker case. We will examine the scope of discovery following the filing of an anti-SLAPP motion, and apply those standards to a pending motion. Specifically, I discuss the case of […] The post SLAPP009 – Scope of Discovery after Anti-SLAPP Motion appeared first on California SLAPP Law.

A client found me while searching for information about California Code of Civil Procedure section 425.17, proving that clients do some very sophisticated research on their legal issues. Changing the facts to protect the privacy of my client, he had warned the public about an evil yogurt maker who was falsely claiming to sell organic […] The post SLAPP008 – An Anti-SLAPP Motion Against an Evil Yogurt Shop appeared first on California SLAPP Law.

A great anti-SLAPP decision that has been five years in the making. In this podcast, we discuss the case of Makaeff v. Trump University, which contains an outstanding discussion of limited public figures and meeting the standard for showing actual malice. Here are the facts: Between August 2008 and June 2009, Tarla Makaeff attended approximately […] The post SLAPP007 – Proving Actual Malice in a Defamation Action – Makaeff v. Trump University appeared first on California SLAPP Law.

With the wisdom of a penny-stock investor trying out day-trading for the first time, the brilliant financial minds at CalPERS (California Public Employees’ Retirement System) decided to dump more than a billion dollars into three “structured investment vehicles” or SIVs, backed by subprime mortgages. After all, Standard & Poors had given these three SIVs AAA ratings, […] The post SLAPP006 – CalPERS v. Moody’s – Is an Opinion Always Protected Speech Under the Anti-SLAPP Statute? appeared first on California SLAPP Law.

We’re not even done with the fifth month of 2014, and California already has 12 reported decisions arising from anti-SLAPP appeals. In the 5th Episode of the California SLAPP Law Podcast, we discuss four anti-SLAPP decisions. Anti-SLAPP Decisions: MORIARTY v. LARAMAR  MANAGEMENT CORPORATION (2014) 224 Cal.App.4th 125 — A landlord-tenant case with no particular significance other […] The post SLAPP005 – Anti-SLAPP Decisions for First Quarter of 2014 appeared first on California SLAPP Law.

In this 4th episode of the California SLAPP Law Podcast, I discuss the truly strange legal action brought by Yelp against one of its former customers, the McMillan Law Group. In its complaint, Yelp alleges that it works to maintain the purity of the reviews posted on Yelp.com, and that the McMillan Law Group caused […] The post SLAPP004 – Anti-SLAPP Motion: Yelp v. McMillan Law Group appeared first on California SLAPP Law.

A lot of useful information in today’s show, if I do say so myself. We discuss anti-SLAPP procedures and strategies, and what you need to know about the 60 and 30 day deadlines for anti-SLAPP motions, and an easy and efficient way to protect your anti-SLAPP motion if the court clerk won’t set the hearing in […] The post SLAPP003 – Anti-SLAPP Procedures and Strategies appeared first on California SLAPP Law.

In the last episode of the California SLAPP Law Podcast, I explained how crucial it is for every California litigator to understand this sweeping area of the law. There is virtually no litigation practice that won’t be impacted by the anti-SLAPP statutes. If that was not persuasive enough, let me bring in a little closer […] The post SLAPP002 – Can Claims Against Lawyers Be Defeated with an Anti-SLAPP Motion? appeared first on California SLAPP Law.

California’s SLAPP Law provides for the use of special motions to strike, called “anti-SLAPP motions“, to quickly dispose of lawsuits that were filed only to improperly silence free speech or to prevent the defendant from pursuing a lawful legal remedy. But as one person put it, the 15 Legislators who passed the law failed to […] The post SLAPP001 – Why Every Litigator Must Know California SLAPP Law appeared first on California SLAPP Law.