California Anti-SLAPP Laws Acts UPEPA

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California Anti-SLAPP Laws

(Always check currency of statutes)


CCP § 425.16 - Anti-SLAPP Motion

(a) Declaration of purpose; to be construed broadly
(b) Mechanics of the special motion to strike; action subject to motion; burden of proof; pleadings and evidence considered; finding not later useable
(c) Attorney's fees and costs recoverable; when; exclusion for some sections of Government Code
(d) Special motion to strike not available against government officials
(e) Things included in right of petition or free speech; statements and submissions to governmental authorities; public interest statements; constitutionally-protected conduct and speech.
(f) Deadlines for filing special motion to strike and for hearing by the court
(g) Stay of discovery pending ruling
(h) Complaint includes cross-complaint
(i) Appealability
(j) Reporting to Judicial Council; transmittal; maintenance of information

CCP § 425.17 - Legislative Findings And Declarations Regarding California Anti-SLAPP Law; Application of § 425.16

(a) Legislature finds abuse of Anti-SLAPP law
(b) Special motion to strike not available where plaintiff seek to enforce important public right; comparative benefit
(c) Special motion to strike not available against seller of goods or services in some contexts
(d) Exclusions from the exclusions of (b) and (c); dissemination of ideas; certain literary, political or artistic works, non-profits; appealability

CCP § 425.18 - SLAPPBack Actions; Motion To Strike; Limitations Periods; Discovery; Remedies

(a) Legislative purpose and intent
(b) Definitions of SLAPPback and special motion to strike
(c) Certain provisions do not apply to special motions to strike a SLAPPback
(d) Procedure on special motions to strike a SLAPPback; deadlines and discretion; scheduling by clerk
(e) Limited discovery rights
(f) Attorney's fees and costs if frivolous or delaying
(g) Appealability of special motion to strike a SLAPPback
(h) Where prior cause of action was illegal
(i) Non-applicability to public entities

Cal.Civ.Code § 47 -- Privileged Publication Or Broadcast

(a) Discharging official duty
(b) In legislative and judicial proceedings; exceptions; with malice or without reasonable cause; intentional destruction of evidence; failure to disclose insurance policy; lis pendens
(c) Communications without malice; interested parties; right to know; requested information; job performance; interviews
(d) Fair and true reports in public journals about judicial or other governmental proceedings; exceptions; violates Lawyer Rules of Professional Conduct; breaches court order; violates confidentiality
(e) Fair and true reports of public meetings and publication of matter for public benefit

California Opinions