What is a anti-SLAPP motion?

The California anti-SLAPP statute allows defendants to seek the dismissal of a complaint at the beginning of the lawsuit, before the expensive and time-consuming discovery process begins. Filing a “special motion to strike” halts the discovery process.

How do I file anti-SLAPP motion?

To challenge a SLAPP suit in California, defendants must show that they are being sued for “any act . . . in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.” Cal. Civ.

How long does a defendant have to file an anti-SLAPP motion?

60 days
Filing a Special Motion to Strike. This motion (also called an “anti-SLAPP motion”) generally must be filed 60 days from the date the complaint is served (received), and is the best way to put an end to a SLAPP early in the proceedings.

Is an anti-SLAPP motion a responsive pleading?

Filing a Response to a SLAPP Generally, your “first responsive pleading” to a SLAPP in California will be the answer to the complaint or a special motion to strike. The answer is a formal document responding to the allegations in the complaint or a special motion to strike.

When a defendant files an anti-SLAPP motion what happens?

When a defendant makes an anti-SLAPP motion against a complaint, the loss of even one cause of action requires the trial court to grant fees to the defense. Inclusion of marginal or arguably duplicative claims (such as intentional infliction of emotional distress in a libel complaint) will result in an award of fees.

What happens if you lose an anti-SLAPP motion?

If you lose, the defendant is entitled to attorney fees As part of the Legislature’s intent to discourage frivolous lawsuits seeking to harass and chill the valid exercise of constitutional rights, the anti-SLAPP statute generally entitles a prevailing defendant to attorney’s fees and costs.

Can you file an anti-SLAPP motion after answering a complaint?

Can Any One File Anti-SLAPP Motion? Of course, you cannot always file an anti-SLAPP motion to every complaint. It will only be appropriate where a plaintiff is suing you for based on your actions arising from your exercise of free speech or your right to petition.

Can you appeal an anti-SLAPP?

California Supreme Court holds that appeal from the denial of an anti-SLAPP motion automatically stays further trial court proceedings.

Does anti-SLAPP stay all discovery?

Once an anti-SLAPP motion is filed, all of these discovery processes are stayed, unless the plaintiff obtains an order permitting specified discovery for good cause shown.

Does anti-SLAPP stay discovery?

What are some characteristics of SLAPP suits?

One of the key characteristics of a SLAPP suit is that the lawsuit is not necessarily designed to achieve a favorable verdict. Instead, it is designed to intimidate the target in order to discourage them and others from speaking out on an issue of public importance.

What is an example of a SLAPP suit?

Examples of Actions Which Have Resulted in SLAPPs: Participating in a demonstration. Filing complaints with a government agency. Commenting at public hearings. Filing legal claims or lawsuits.