California SLAPP Law

We begin Episode 32 with the discussion of how Morris & Stone just defeated an anti-SLAPP motion. I reveal the common (and fatal) mistake made by defense counsel when they pursue anti-SLAPP motions. And on the topic of mistakes, based on my prior article, we turn to the three cases that counsel almost always cite […] The post SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases appeared first on California SLAPP Law.

We begin Episode 32 with the discussion of how Morris & Stone just defeated an anti-SLAPP motion. I reveal the common (and fatal) mistake made by defense counsel when they pursue anti-SLAPP motions. And on the topic of mistakes, based on my prior article, we turn to the three cases that counsel almost always cite […] The post SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases appeared first on California SLAPP Law.

In Episode 31, in addition to an anti-SLAPP case, we examine another example of how opposing counsel blew an opposition to our Motion for Summary Judgment, by being unaware of the procedure rules. The limit for the memorandum of points on a typical motion is 15 pages, but a motion for summary judgment is a […] The post SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute appeared first on California SLAPP Law.

In Episode 31, in addition to an anti-SLAPP case, we examine another example of how opposing counsel blew an opposition to our Motion for Summary Judgment, by being unaware of the procedure rules. The limit for the memorandum of points on a typical motion is 15 pages, but a motion for summary judgment is a […] The post SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute appeared first on California SLAPP Law.

Fun, fun, fun in the California sun at Morris & Stone. In just the past couple of weeks, we (1) Obtained a 3.9 million dollar defamation verdict for one client; (2) Got another client out of a 7 million dollar case on a motion for summary judgment, and (3) Were awarded our fees following a […] The post SLAPP030 – Is it Defamatory to Call Someone a “Crook?” appeared first on California SLAPP Law.

Fun, fun, fun in the California sun at Morris & Stone. In just the past couple of weeks, we (1) Obtained a 3.9 million dollar defamation verdict for one client; (2) Got another client out of a 7 million dollar case on a motion for summary judgment, and (3) Were awarded our fees following a […] The post SLAPP030 – Is it Defamatory to Call Someone a “Crook?” appeared first on California SLAPP Law.

In episode 28, we discussed the attorney who sued his own client for malicious prosecution. The client had challenged the fees charged by the attorney by way of the informal fee arbitration process, and when he lost the attorney turned around and sued for malicious prosecution. Incredibly, the court denied our motion, so we had […] The post SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute? appeared first on California SLAPP Law.

In episode 28, we discussed the attorney who sued his own client for malicious prosecution. The client had challenged the fees charged by the attorney by way of the informal fee arbitration process, and when he lost the attorney turned around and sued for malicious prosecution. Incredibly, the court denied our motion, so we had […] The post SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute? appeared first on California SLAPP Law.

Some of our anti-SLAPP cases are breaking new legal ground through some very interesting fact patterns. Penal Code section 11172 You are probably aware that certain professionals are required to report any child abuse situation of which they become aware. Penal Code section 11172 was created in order to afford those mandated reporters immunity against […] The post SLAPP028 – An Exception to the Absolute Police Report Privilege? appeared first on California SLAPP Law.

Some of our anti-SLAPP cases are breaking new legal ground through some very interesting fact patterns. Penal Code section 11172 You are probably aware that certain professionals are required to report any child abuse situation of which they become aware. Penal Code section 11172 was created in order to afford those mandated reporters immunity against […] The post SLAPP028 – An Exception to the Absolute Police Report Privilege? appeared first on California SLAPP Law.

President Trump is never short on controversy, and said controversy leads to some interesting cases. In Episode 27 of the California SLAPP Law Podcast, we will discuss two Trump cases — one First Amendment and one anti-SLAPP — arising from the words and tweets of our sneerless leader. We'll also discuss when a motion to […] The post SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion appeared first on California SLAPP Law.

President Trump is never short on controversy, and said controversy leads to some interesting cases. In Episode 27 of the California SLAPP Law Podcast, we will discuss two Trump cases — one First Amendment and one anti-SLAPP — arising from the words and tweets of our sneerless leader. We’ll also discuss when a motion to […] The post SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion appeared first on California SLAPP Law.

Canada, eh? Those hosers in Ontario didn't get around to passing an anti-SLAPP statute until 2015, and they're still trying to figure it out. In this episode of the California SLAPP Law Podcast, we travel to the great white north to examine an anti-SLAPP motion that was denied by the trial court, but granted by […] The post SLAPP026 – Don't Sue for Defamation Unless the Statements Really are False appeared first on California SLAPP Law.

Canada, eh? Those hosers in Ontario didn’t get around to passing an anti-SLAPP statute until 2015, and they’re still trying to figure it out. In this episode of the California SLAPP Law Podcast, we travel to the great white north to examine an anti-SLAPP motion that was denied by the trial court, but granted by […] The post SLAPP026 – Don’t Sue for Defamation Unless the Statements Really are False appeared first on California SLAPP Law.

de Havilland v. FX Networks, LLC If you sell t-shirts bearing the images of the Three Stooges, can you be sued for violating their right of publicity? And if you create and broadcast an 8-part docudrama centering on Bette Davis and Joan Crawford, can Olivia de Havilland sue you for including the details of HER […] The post SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress appeared first on California SLAPP Law.

de Havilland v. FX Networks, LLC If you sell t-shirts bearing the images of the Three Stooges, can you be sued for violating their right of publicity? And if you create and broadcast an 8-part docudrama centering on Bette Davis and Joan Crawford, can Olivia de Havilland sue you for including the details of HER […] The post SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress appeared first on California SLAPP Law.

In Episode 24 of the California SLAPP Law Podcast, we tackle two important anti-SLAPP issues. Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism The conventional wisdom until now, as expressed in cases such as Yu v. Signet Bank/Virginia, was that an amended complaint creates an new 60-day period to file an anti-SLAPP motion. Then along […] The post SLAPP024 – Supreme Court Clarifies Whether Amended Complaint Resets 60-Day Clock for Anti-SLAPP Motion appeared first on California SLAPP Law.

In Episode 24 of the California SLAPP Law Podcast, we tackle two important anti-SLAPP issues. Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism The conventional wisdom until now, as expressed in cases such as Yu v. Signet Bank/Virginia, was that an amended complaint creates an new 60-day period to file an anti-SLAPP motion. Then along […] The post SLAPP024 – Supreme Court Clarifies Whether Amended Complaint Resets 60-Day Clock for Anti-SLAPP Motion appeared first on California SLAPP Law.

In Episode 23 of the California SLAPP Law Podcast, we examine two cases that consider how privileged speech should be viewed during the two-prong anti-SLAPP analysis. As you will hear, the fact that the speech was privileged does not mean it automatically falls under the anti-SLAPP statute. Edalati v. Kaiser Foundation Health Plan, Inc. This […] The post SLAPP023 – Privileged Speech Can Survive Anti-SLAPP Motions appeared first on California SLAPP Law.

In Episode 23 of the California SLAPP Law Podcast, we examine two cases that consider how privileged speech should be viewed during the two-prong anti-SLAPP analysis. As you will hear, the fact that the speech was privileged does not mean it automatically falls under the anti-SLAPP statute. Edalati v. Kaiser Foundation Health Plan, Inc. This […] The post SLAPP023 – Privileged Speech Can Survive Anti-SLAPP Motions appeared first on California SLAPP Law.

Hooray for Hollywood! In Episode 22 of the California SLAPP Law Podcast, we discuss four cases involving the film industry that have all resulted in anti-SLAPP motions. We also dive deep into abuse of process claims, and determine if such claims can ever survive an anti-SLAPP motion. And in the process, we discuss a trial […] The post SLAPP022 – Abuse of Process Claims and Anti-SLAPP Motions appeared first on California SLAPP Law.

Hooray for Hollywood! In Episode 22 of the California SLAPP Law Podcast, we discuss four cases involving the film industry that have all resulted in anti-SLAPP motions. We also dive deep into abuse of process claims, and determine if such claims can ever survive an anti-SLAPP motion. And in the process, we discuss a trial […] The post SLAPP022 – Abuse of Process Claims and Anti-SLAPP Motions appeared first on California SLAPP Law.

We discuss the very important case of Baral v. Schnitt, in which the California Supreme Court finally dealt with the split of authorities regarding how to deal with complaints with mixed causes of action; those that contain allegations of both protected and unprotected activities. This is probably the most important anti-SLAPP decision of the decade. […] The post SLAPP021 – Anti-SLAPP Motions Against Mixed Causes of Action appeared first on California SLAPP Law.

We discuss the very important case of Baral v. Schnitt, in which the California Supreme Court finally dealt with the split of authorities regarding how to deal with complaints with mixed causes of action; those that contain allegations of both protected and unprotected activities. This is probably the most important anti-SLAPP decision of the decade. […] The post SLAPP021 – Anti-SLAPP Motions Against Mixed Causes of Action appeared first on California SLAPP Law.

In Episode 20 of the California SLAPP Law Podcast, we discuss important Evidence Codes, and my VINDICATION by the California Court of Appeal. The vindication comes in the form of a published opinion from the Sixth District Court of Appeal. I was brought in as co-counsel to first chair an internet defamation trial in Santa […] The post SLAPP020 – Sixth District Weighs in on Admissibility of Yelp Reviews and the Law on Inferences appeared first on California SLAPP Law.

In Episode 20 of the California SLAPP Law Podcast, we discuss important Evidence Codes, and my VINDICATION by the California Court of Appeal. The vindication comes in the form of a published opinion from the Sixth District Court of Appeal. I was brought in as co-counsel to first chair an internet defamation trial in Santa […] The post SLAPP020 – Sixth District Weighs in on Admissibility of Yelp Reviews and the Law on Inferences appeared first on California SLAPP Law.

On Episode 19 of the California SLAPP Law Podcast, we go through my five favorite reported anti-SLAPP decisions from the first half of 2016. But first we begin with a cautionary tale of an attorney who is being sued for malpractice for failing to have me review his complaint before it was filed! (OK, there's […] The post SLAPP019 – Five Best Published Anti-SLAPP Decisions (so far) in 2016 appeared first on California SLAPP Law.

On Episode 19 of the California SLAPP Law Podcast, we go through my five favorite reported anti-SLAPP decisions from the first half of 2016. But first we begin with a cautionary tale of an attorney who is being sued for malpractice for failing to have me review his complaint before it was filed! (OK, there’s […] The post SLAPP019 – Five Best Published Anti-SLAPP Decisions (so far) in 2016 appeared first on California SLAPP Law.

In episode 18 of the California SLAPP Law Podcast, I discuss an anti-SLAPP motion I decided NOT to pursue, and why. We discuss the case of Weinberg v. Feisel (2003) 110 Cal.App.4th 1122. Then we dive deep into the pros, cons, and frustrations of bringing anti-SLAPP motions in Federal Court. Since 1999, the Ninth Circuit has […] The post SLAPP018 – All You Need to Know About Anti-SLAPP Motions in Federal Court appeared first on California SLAPP Law.

In episode 18 of the California SLAPP Law Podcast, I discuss an anti-SLAPP motion I decided NOT to pursue, and why. We discuss the case of Weinberg v. Feisel (2003) 110 Cal.App.4th 1122. Then we dive deep into the pros, cons, and frustrations of bringing anti-SLAPP motions in Federal Court. Since 1999, the Ninth Circuit has […] The post SLAPP018 – All You Need to Know About Anti-SLAPP Motions in Federal Court appeared first on California SLAPP Law.

In Episode 17 of the California SLAPP Law Podcast, we go back to basics, with an introduction to the fundamental concepts behind California's SLAPP Law and anti-SLAPP motions. The good news is that although it took some 25 years for attorneys to begin recognizing the impact of California's anti-SLAPP statutes on litigation in the state, […] The post SLAPP017 – An Introduction to California SLAPP Law and Anti-SLAPP Motions appeared first on California SLAPP Law.

In Episode 17 of the California SLAPP Law Podcast, we go back to basics, with an introduction to the fundamental concepts behind California’s SLAPP Law and anti-SLAPP motions. The good news is that although it took some 25 years for attorneys to begin recognizing the impact of California’s anti-SLAPP statutes on litigation in the state, […] The post SLAPP017 – An Introduction to California SLAPP Law and Anti-SLAPP Motions appeared first on California SLAPP Law.

In Episode 16 of the California SLAPP Law Podcast, we discuss (1) when you can join with another defendant's anti-SLAPP motion, and whether it is a good strategy to do so; (2) what the Courts of Appeal are doing to deal with all the appeals from anti-SLAPP motions; and (3) likely changes to the automatic […] The post SLAPP016 – Appealing a Ruling on an Anti-SLAPP Motion appeared first on California SLAPP Law.

In Episode 16 of the California SLAPP Law Podcast, we discuss (1) when you can join with another defendant’s anti-SLAPP motion, and whether it is a good strategy to do so; (2) what the Courts of Appeal are doing to deal with all the appeals from anti-SLAPP motions; and (3) likely changes to the automatic […] The post SLAPP016 – Appealing a Ruling on an Anti-SLAPP Motion appeared first on 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 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 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.

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.

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 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.

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.

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 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.