California CCP 425.17 Anti-SLAPP Laws Acts UPEPA
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Unofficial Contents of CCP § 425.17 - Legislative Findings And Declarations Regarding California Anti-SLAPP Law; Application of § 425.16
CCP § 425.17 -- Legislative Findings And Declarations Regarding California Anti-SLAPP Law; Application of § 425.16
(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16.
While not saying so explicitly, this ¶ (a) is apparently included to counterbalance the "construed broadly" language of § 425.16!!(a). In other words, maybe § 425.16 isn't to be construed so broadly after all. From a practical perspective, is this helpful? No.
(b) Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist:
Paragraph (b) and its subparts basically say that an Anti-SLAPP motion cannot be brought against the typical class-action complaint.
(1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney's fees, costs, or penalties does not constitute greater or different relief for purposes of this subdivision.
(2) The action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons.
(3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter.
(c) Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist:
Paragraph (c) basically says that an Anti-SLAPP motion cannot be brought against a suit brought against a commercial seller or lessor, including insurance brokerages and securities firms, for statements made about their competitors while they are engaged in their commercial activity, i.e., an Anti-SLAPP motion cannot be brought in trade disparagement suits.
(1) The statement or conduct consists of representations of fact about that person's or a business competitor's business operations, goods, or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services.
(2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue.
(d) Subdivisions (b) and (c) do not apply to any of the following:
And the predictable "exceptions to the exceptions" follows.
(1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or Section 1070 of the Evidence Code, or any person engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public.
Journalists and other writers working on an article or book, etc., can bring Anti-SLAPP motions even in class action and trade disparagement cases.
!!(2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to, a motion picture or television program, or an article published in a newspaper or magazine of general circulation.
Other artists, broadly described, working on their art, can bring Anti-SLAPP motions even in class action and trade disparagement cases.
(3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or local government grants, awards, programs, or reimbursements for services rendered.
Non-profits can bring Anti-SLAPP motions even in class action and trade disparagement cases.
(e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to this section, the appeal provisions in subdivision (i) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1 do not apply to that action or cause of action.
No special appeal rights for those who lost an Anti-SLAPP motion because they brought the motion against a class action or trade disparagement complaint.
California CCP 425.17 Opinions