For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Civil Litigation

Mar. 4, 2019

Anti-SLAPP conundrum: Navigating the still-uncharted waters

In the first installment of this series, we discussed general considerations and unique aspects of California's anti-SLAPP statute, as well as some court-created problems with the law. Today in part two we will look at more recent case law and potential challenges going forward.

A. Marco Turk

Emeritus Professor
CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

See more...

Shutterstock

In the first installment of this series, we discussed general consideration...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up

Related Content

Law Practice, Appellate Practice

Anti-SLAPP motions and hearsay

Jul. 26, 2022
By Rosanna W. Gan, Gary A. Watt

Anti-SLAPP

City of Montebello v. Vasquez

Votes case in councilmembers in city council meeting qualify for protection under anti-SLAPP statute.

Anti-SLAPP

Baral v. Schnitt

Anti-SLAPP motion applies to 'mixed' causes of action containing allegations of both protected and unprotected activity.

Anti-SLAPP

Travelers Casualty Insurance Co. of America v. Hirsh

Denial of anti-SLAPP appealable and proper here where insurer's complaint did not arise from counsel's litigation-related conduct, but rather from his post-settlement conduct.

Anti-SLAPP

Wilson v. Cable News Network, Inc.

Discrimination, retaliation suit brought by former CNN producer not a 'SLAPP' suit as causes of action are employment-related claims unrelated to company's decision to fire for alleged pl...

Anti-SLAPP

Nam v. Regents of the University of California

Anti-SLAPP motion does not apply to harassment, discrimination suit as underlying claim is not about institution's protected activity, i.e., filing written complaints about plaintiff.

Torts

Barrett v. Rosenthal

Defendant who distributed statements regarding plaintiff's criminal conduct on Internet may be liable for defamation.

Anti-SLAPP

Barry v. State Bar of California

Court lacking jurisdiction may grant anti-SLAPP motion by ruling that lack of jurisdiction prevents plaintiff from showing likelihood she will prevail, as ruling is not on merits of the c...

Civil Procedure

Briggs v. Eden Council for Hope & Opportunity

Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern.

Civil Procedure

City of Cotati v. Cashman

City's state court action is not subject to special motion to strike where suit is based on constitutionality of city ordinance.

Real Property

Episcopal Church Cases

Local parish that disaffiliates from Episcopal Church over doctrinal dispute does not have right to take church property with it.

Civil Procedure

Flatley v. Mauro

Party whose petitioning activity was illegal and unprotected by guarantee of free speech could not use anti-SLAPP statute to strike complaint.

Employment Law

Fahlen v. Sutter Central Valley Hospitals

Kidney doctor may challenge hospital’s allegedly retaliatory decision to cut off his staff privileges in court, without having to go through administrative procedures.

Civil Procedure

Navellier v. Sletten

Claims protected by litigation privilege do not have minimal merit required to survive Code of Civil Procedure Section 425.16 motion.

Civil Procedure

Jarrow Formulas Inc. v. LaMarche

Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute.

Attorneys

Ketchum v. Moses

Court improperly calculated statutory attorney fees for attorney defending against strategic lawsuit against public participation.

Civil Procedure

S.B. Beach Properties v. Berti

Defendants who did not file anti-SLAPP motion before plaintiffs' voluntary dismissal may not recover attorney fees and costs under anti-SLAPP statute.

Civil Procedure

Kibler v. Northern Inyo County Local Hospital District

SLAPP procedure is available in suit brought by physician and arising out of disciplinary recommendation by hospital's peer review committee.

Civil Procedure

Rusheen v. Cohen

Litigation privilege extends to act of levying on judgment where gravamen of abuse of process claim was communicative act.

Attorneys

Simpson Strong-Tie Co. Inc. v. Gore

Cause of action based on law firm’s advertisement about company’s defective product is not exempted from anti-SLAPP.

Constitutional Law

Metcalf v. U-Haul International Inc.

New anti-SLAPP statute does not affect constitutionally protected speech, it merely creates classification of litigants.

Government

Vargas v. City of Salinas

City does not engage in improper campaign activities where information about ordinance is disseminated via Internet, newsletter and flyers.

Constitutional Law

Hupp v. Freedom Communications Inc.

Online reader may not sue Orange County Register for refusing to delete comments made about him in comments section of article on its website.

Civil Procedure

Tamkin v. CBS Broadcasting Inc.

Use of plaintiffs’ names for characters during creation of television show episode is exercise of free speech entitled to anti-SLAPP protection.

Torts

Wong v. Jing

Court properly denies anti-SLAPP motion on libel claim where plaintiff established prima facie showing of probable success on merits.

Civil Procedure

Tendler v. www.jewishsurvivors.blogspot.com

Court errs in granting defendants' motion to strike complaint where plaintiff's request for subpoenas falls outside anti-SLAPP statute.

Civil Rights

Ingels v. Westwood One Broadcasting Services Inc.

Caller who was discouraged from participating in radio talk show due to his age failed to establish discrimination claim.

Civil Procedure

Ampex Corp. v. Cargle

Anonymous poster on internet message board is entitled to attorney fees from former employer who sued him for defamation.

Civil Procedure

Equilon Enterprises v. Consumer Cause Inc.

Defendant who moves under anti-SLAPP statute to strike cause of action, does not have to prove plaintiff's subjective intent.

Civil Procedure

McGarry v. University of San Diego

Trial court properly strikes former coach's defamation claims based on university official's statements regarding his abrupt termination in newspaper and parent meeting.

Constitutional Law

Damon v. Ocean Hills Journalism Club

Property manager's defamation lawsuit against homeowner's association newsletter is dismissed because statements were made in public forum concerning matters of public interest.



By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.