Archive for September 2022
SLAPP033 – How to Defeat an anti-SLAPP Motion with Inadmissible Evidence
In Episode 33 of the California SLAPP Law Podcast, we revisit the California Supreme Court decision of Sweetwater Union High School District v. Gilbane Building Co. Our client was sued by an attorney, and we had the action dismissed by way of an anti-SLAPP motion. The attorney appealed, and in his briefs, he never mentioned the Sweetwater holding, and we sure were not going to bring it up. The Court of Appeal brought it up anyway. Would the attorney be able to reverse the ruling, based on evidence that might be admissible at trial?
We also discuss how sometimes the best thing to do is nothing. We were brought in to oppose an anti-SLAPP motion, but when the trial court kept continuing the hearing, I told the client, “wait for it, wait for it . . .”
And I tell the tale of nice woman who ran afoul of the anti-SLAPP statute with her cross-complaint, and was faced with a massive attorney fee application. She could not afford to hire us, but a little guidance from the wings saved her from disaster.
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Posted in A Curious Anti-SLAPP Victory Tale
The Saga of a Curious anti-SLAPP Victory Begins
A prospective client sent me a complaint he had received, thinking it might be a SLAPP. When I began handling anti-SLAPP matters almost 20 years ago, most attorneys were unaware of the law, let alone clients. I now get a surprising number of clients who are already aware of the law when they call, either from other attorneys who have referred them to me, or from their own research.
I reviewed the complaint, and after discussing the details with the client, I decided it was indeed a SLAPP.
Here are the facts.
The defendant, my client, grew concerned when he saw some bruises on his young grandchild. The child’s father had divorced, and after some questioning, the child reluctantly revealed that his mother’s new boyfriend was responsible for the bruises. My client immediately notified his son (the child’s father), who contacted the police and took the child to the hospital. The doctor, as a mandated reporter, contacted Child Protective Services.
The alleged abuser sued my client for defamation, and a myriad of other claims, alleging he had falsely reported child abuse to both the police and the doctor at the hospital.
Defamation is vastly different than personal injury.
I checked the website of the firm representing the Plaintiff. On the website, the attorneys refer to themselves as “The Talent.” I saw that their primary practice areas appear to be criminal law and personal injury. That explained a lot. I have encountered this phenomenon on a number of occasions. Personal injury attorneys bring defamation actions, assuming they will flesh out the facts through discovery as the action proceeds. Read the rest of this entry »
Many are Still Confused About How to Handle Mixed Causes of Action
I was recently served with an anti-SLAPP motion, attacking a complaint I filed on behalf of a client. I just filed our opposition, and felt compelled to write about the case, because it illustrates the continued confusion over how to handle mixed causes of action.
Filing an anti-SLAPP motion against the Sultan of SLAPP is a gutsy move. Let’s see if the attorney knew what he was doing.
Changing the facts as necessary to protect my client, the complaint is for defamation, and lists eight things the defendant said that are false and defamatory. The same eight statements were published two different ways. First, they were all published on Facebook, in a group that discusses the sort of business in which my client is engaged. Then they were published to an individual via a text message. I alleged two separate libel claims – one for the Facebook posting and the other for the text message.
Defendant should not prevail.
For a number of reasons, if the court follows the law, defendant cannot prevail on the motion. The first hurdle comes from the way evidence is viewed in conjunction with an anti-SLAPP motion. My client truthfully attested by declaration that all eight of the statements are false. Even without my client’s declaration, the falsity is apparent in some instances just based on the absurdity of the assertions. Read the rest of this entry »