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Constitutional Law,
California Courts of Appeal

Aug. 31, 2023

Anti-SLAPP protection to public records requester answers some questions, but begs others

Is the court's holding limited to real parties in interest in mandamus proceedings, or could non-party litigants in other types of proceedings (for example, intervenor defendants) also use Iloh v. Regents of University of California to file their own anti-SLAPP motions?

Last week, the California Court of Appeal decided a case with important implications for those who file public records requests – and those who seek to block them – as well as for the application of California’s anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc. Section 425.16). Iloh v. Regents of University of California, --- Cal.Rptr.3d--- (Cal. Court of Appeal, Fourth Dist., August 24, 2023).

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