California SLAPP Law

Wow. I was in court this morning on a demurrer (which I won, naturellement), but the court’s ruling on an anti-SLAPP ruling in the same case hit me vicariously like a 100 mile an hour fast ball to my nether region. As the defense attorney painfully learned, every anti-SLAPP motion is a potential procedural minefield, and the hidden mines only increase in number when an attorney decides to try an untested procedure.

The defamation case in question involves three defendants. I represent Defendants 1 and 2, a husband and wife, and the third defendant (Defendant 3) is represented by another firm.

The complaint is ridiculous, but there was no basis upon which to bring an anti-SLAPP motion as to my clients. There was a strong basis, however, as to Defendant 3. Counsel for Defendant 3 wisely filed an anti-SLAPP motion, and the plaintiffs also quite wisely read the writing on the wall, and dismissed the action as to that Defendant.

So we have a situation that often arises with anti-SLAPP motions. The complaint is dismissed before the motion is decided. But case law is perfectly clear that even though the complaint is dismissed, the defendant is still entitled to attorney fees for the motion IF the court decides the complaint was indeed a SLAPP. Read the rest of this entry »