Civil Litigation,
Appellate Practice,
9th U.S. Circuit Court of Appeals
Feb. 16, 2011
Appealability of Anti-SLAPP Orders In California and the 9th Circuit
Do the current anti-SLAPP provisions strike the right balance?
Alana H. Rotter
Partner
Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
California's "anti-SLAPP" statute, Code of Civil Procedure Section 425.16, allows the court to strike certain lawsuits - those arising from acts of speech or petition in the public interest - early in a case unless the plaintiff can establish a probability of prevailing. Defendants may file an anti-SLAPP motion in a California court. They may also do so in a federal court sitting in diversity and applying California law. There is at least one important difference between state and federal ...
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