ONCALL
...PreTrial Adjudication
......Motion to Strike
49 Cards On This Topic:

Under anti-SLAPP statute, tenant could demonstrate a probability of prevailing on the merits of her retaliation and retaliatory eviction claims against landlord where the litigation privilege did not apply.

The anti-SLAPP exemption for commercial speech did not apply where the trial ct. found D-attorneys had no intent to solicit in giving an interview to a trade publication regarding their clients' settlement of a case against plaintiff.

Plaintiff could not show a probability of prevailing in breach of contract action where attorneys were not parties to settlement agreement, but only signed it under the words "approved as to form and content."

The divorce proviso exception to the litigation privilege operated to render wife's statements in dissolution proceeding unprotected; wife's anti-SLAPP motion denied.

Where wife's appeal of her anti-SLAPP motion denial raised colorable issues, wife's appeal was not frivolous and respondent was not entitled to attorney's fees.

Anti-SLAPP motion properly denied where defendants' obtaining and disclosing plaintiff's confidential medical information was not protected activity.

Attorney malpractice suit was not subject to anti-SLAPP statute as it did not attack attorneys' expressive conduct, especially where it alleged misconduct that took place after attorneys' successful suit to recover fees.

In federal district court, if an anti-SLAPP motion challenges the legal sufficiency of a claim, it is treated as a motion to dismiss; if the factual sufficiency of a claim is challenged, it is treated as a motion for summary judgment.

Office of Inspector General's investigation of alleged inmate abuse protected by anti-SLAPP statute.

Correctional officers could not show a probability of prevailing on their claims for deprivation of representation where they were not under investigation.

Because the Certified Financial Planner Board of Standards, Inc. is not a public entity, a complaint to it is not protected by the anti-SLAPP statute.

Complaints to financial planner's employer regarding his alleged fraud and embezzlement were not protected by the litigation privilege where made neither to achieve litigation objectives nor when litigation was under serious consideration.

Law of the case doctrine did not compel denial of defendants' anti-SLAPP motion where allegations of third amended complaint differed materially from first.

Upon defendants' anti-SLAPP motion, Baral applied to strike specific allegations based on defendants' protected activity from P's complaint.

Under anti-SLAPP analysis, film star does not show a probability of success on the merits for her claims for right of publicity and false light arising from her portrayal in a cable television docudrama.

Excepting a trial court’s discretion under CCP §425.16(f) to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action.

The definition of public interest under the anti-SLAPP statute includes private conduct that impacts a broad segment of society or a community.

Litigation privilege prevented plaintiffs from demonstrating a probability of success on their claims against whistleblower's attorney where attorney's conduct was communicative.

An internal investigation of a county counsel's wrongdoing, which led to an accusation being filed against him pursuant to GC §27641, was an official proceeding entitled to anti-SLAPP protection.

Because public employment in CA is held by statute and not contract, plaintiff could not demonstrate a probability of success on his breach of contract claim for purposes of the anti-SLAPP statute.

When plaintiff's complaint itself alleges activity protected by the anti-SLAPP statute, the moving party may rely on these allegations alone; pre-litigation conduct protected by statute.

Anti-SLAPP statute inapplicable to P's claims against D for reneging on property licensing agreement where claims arose from reneging and D's related communications to P were merely incidental.

Anti-SLAPP statute applicable to P's claims for breach of contract against Individual Ds where city was contracting party and Individual Ds were acting on behalf of city; statute also applicable to negligent misrepresentation claims.

P failed to establish a probability of prevailing on its breach of contract claims against Individual Ds that were not parties to the contract; negligent misrepresentation claim also failed.

Prevailing defendants on an anti-SLAPP motion entitled to attorneys fees; prevailing plaintiff not entitled to fees because motion was not frivolous or intended to cause delay.

Defendants' statements against golf course development were not commercial speech exempted from protection by the anti-SLAPP statute.

Trustee's litigation activity was not protected activity under first step of anti-SLAPP analysis where beneficiaries alleged breach of fiduciary duty, and trustee's litigation activity itself was not the basis of beneficiaries' claim.

Under the first prong of anti-SLAPP analysis, private homeowners association's quasi-governmental activities related to county land use planning were constitutionally protected activity under CCP §425.16(e)(4).

Where plaintiff's complaint contained no allegations arising from defendant's protected activity, trial ct. correctly denied defendant's anti-SLAPP motion.

Government agency's letters to waste water treatment plant stating that it was violating state hazardous waste regulations were protected activity under anti-SLAPP analysis.

Anti-SLAPP statute does not protect a governmental entity's decision to issue or deny a permit.

Pre-litigation privilege could not sustain defendant's anti-SLAPP motion where his demand letter was only a bluff designed to silence media outlets.

Anti-SLAPP motion denied as to plaintiff's defamation suit where defendant's demand letter and press release contained provable facts, and not protected opinions.

Plaintiff is not precluded from amending her complaint to add another defendant when the original defendant's anti-SLAPP motion is pending.

The law of the case doctrine did not operate to bar law firms' anti-SLAPP motions even where a prior ruling found that law firms' client's conduct was not protected activity under the anti-SLAPP statute.

••All•• communicative acts performed by attorneys in their representation of a client in a judicial proceeding, or other petitioning context, are protected by the anti-SLAPP statute.

Defendant law firms' assertion of the litigation privilege defeated P's ability to demonstrate a probability of prevailing on its claims under anti-SLAPP analysis.

County's termination of a whistleblower is not protected activity under the anti-SLAPP statute.

Petitioning while trespassing on private property directly adjacent to store entryway is not protected by the anti-SLAPP statute.

Anti-SLAPP motion to strike denied where plaintiff showed that its malicious prosecution action had a probability of success on the merits.

A petition alleging violation of a trust's no contest clause that arises from a pleading filed with the probate court is subject to the anti-SLAPP statute.

Alcohol distributor's suit for breach of K and declaratory relief not subject to brewer's anti-SLAPP motion where conduct challenged was termination of K and not letter communicating termination.

The principal thrust, or gravamen, of a plaintiff's cause of action determines whether the cause of action arises from protected activity to which the anti-SLAPP statute applies.

Interim adverse judgment rule precluded malicious prosecution action as trial ct.'s finding of bad faith after a bench trial in underlying action did not negate its prior ruling denying SJ.

Plaintiffs cannot show likelihood of success of right of publicity claim to defeat anti-SLAPP motion where interactive computer service merely placed its ads on same page as plaintiffs' images posted by another information content provider.

D's statements made in bankruptcy proceedings protected by anti-SLAPP statute.

A claim may be struck by an anti-SLAPP motion only if the speech or petitioning activity itself is the wrong complained of by plaintiff.

Anti-SLAPP statute protects not only speech, but also conduct in the furtherance of speech.

Anti-SLAPP motions for City reversed in breach of K action by Agent where Ds’ actions did not satisfy the first prong of CCP §425.16.