Slapping Down SLAPP Suits

July 2001

A review of the new cases interpreting California’s anti-SLAPP statute shows many questions are still unanswered.

General Credit

1.

The anti-SLAPP statute is strictly construed.

True False

2.

The special motion to strike under the anti-SLAPP statute must be filed within 60 days of the service of the complaint.

True False

3.

The party moving to strike must demonstrate that the act that forms the basis for the plaintiff's cause of action falls within one of the four categories of conduct in the anti-SLAPP statute.

True False

4.

The moving party must show that the SLAPP plaintiff's cause of action involves an issue of public interest.

True False

5.

Only certain types of written or oral statements or writings made in an executive, legislative, or judicial proceeding are protected by the anti-SLAPP statute.

True False

6.

The anti-SLAPP statute protects statements in campaign ilterature.

True False

7.

Malicious prosecution cases, which are based on underlying lawsuits, unquestionably fall within the anti-SLAPP statute.

True False

8.

Enforcement actions are subject to the anti-SLAPP statute.

True False

9.

Filing the special motion to strike stays all discovery, absent an order of the court.

True False

10.

If a special motion to strike is granted, attorneys fees must be awarded to the prevailing defendant.

True False

11.

If a special motion to strike is denied, attorneys fees must be awarded to the prevailing plaintiff.

True False

12.

To obtain an attorneys fees award on a successful special motion to strike, the defendant must have actually paid the attorney.

True False

13.

When the grant of a special motion to strike if affirmed on appeal, the prevailing party is not entitled to attorneys fees incurred on the appeal.

True False

14.

The enforcement of a judgment for attorneys fees after an anti-SLAPP motion is automatically stayed pending appeal, without bond or other undertaking.

True False

15.

An anti-SLAPP motion can be defeated on the ground that the defendant were not engaged in a "valid" exercise of their constitutional rights of freedom of speech or petition.

True False

16.

Summary judgment cannot be granted before an anti-SLAPP motion is decided.

True False

17.

If a defendant files and anti-SLAPP motion and loses, that could preclude a subsequent malicious prosecution case even if the defendant later prevails on the merits at trial of the underlying action.

True False

18.

An order granting a special motion to strike is automatically appealable.

True False

HOW TO RECEIVE ONE HOUR OF MCLE CREDIT Answer the test questions above, choosing the one best answer to each question. For timely processing, print or type your name/address/bar number below. Mail this page and a $35 check made payable to CALIFORNIA LAWYER to:

California Lawyer/MCLE P.O. Box 54026 Los Angeles, CA 90054-0026

name (required) bar number (required) law firm, company, or organization address city, state, zip

date (required) practice area phone email please check here if this is a new address

Please click here to close this window