Can a motion to strike plaintiff's "complaint" and all causes of action contained therein be considered an anti-SLAPP motion?

California, United States of America


The following excerpt is from Illingworth v. Garton, D066323 (Cal. App. 2015):

2. We note defendant's anti-SLAPP motion stated he was moving to strike plaintiff's "complaint" and "all causes of action contained therein." However, we note the trial court in its order denying that motion did so only on plaintiff's defamation cause of action. In light of our decision in this case, we need not decide in this appeal whether the remaining causes of action in plaintiff's complaint are derivative of the defamation cause of action. (See Lee v. Fick (2005) 135 Cal.App.4th 89, 98 [concluding slander and interference claims were derivative of libel claim and thus were also subject to the anti-SLAPP statute].) We note, however, that in his moving papers filed in this court, defendant focused exclusively on his defamation cause of action and/or the defenses thereto, without regard to any of the other five causes of action in plaintiff's complaint.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims? (California, United States of America)
Can a defendant mount a motion to strike a portion of a plaintiff's cause of action seeking punitive damages? (California, United States of America)
Can a plaintiff amend its own complaint to add causes of action in response to a cross-complaint? (California, United States of America)
In what circumstances will the court grant a motion to reconsider an order granting a defendant's motion to strike a cause of action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can a plaintiff withdraw a cause of action for rescission from the corrected first amended complaint? (California, United States of America)
Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
Can a plaintiff bring a cause of action for violation of the common law right to fair procedure based on the events alleged in their complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.