Perspective
Jun. 27, 2014
When negotiation becomes extortion
A recent case explores under what circumstances prelitigation demands are considered criminal extortion - thereby depriving a defendant of anti-SLAPP protection. By Steven G. Pearl
A strategic lawsuit against public policy, or SLAPP, lawsuit is one which a plaint is one in which a plaintiff "seeks to chill or punish a party's exercise of constitutional rights to free speech and to petition the government for redress of grievances." Rusheen v. Cohen, 37 Cal. 4th 1048, 1055 (2006). In 1992, the state Legislature enacted the anti-SLAPP statute, Code of Civil Procedure Section 425.16, under which a court ...
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