Can a plaintiff bring a motion to strike the so-called SLAPP?

California, United States of America


The following excerpt is from Un Hui Nam v. Regents of the Univ. of Cal., 1 Cal.App.5th 1176, 205 Cal.Rptr.3d 687 (Cal. App. 2016):

The victim of abusive litigation designed to chill the exercise of rights under the First Amendment to the United States Constitution can bring a special motion to strike the so-called SLAPP pursuant to section 425.16 of the Code of Civil Procedure. (People ex rel. Fire Ins. Exchange v. Anapol (2012) 211 Cal.App.4th 809, 821, 150 Cal.Rptr.3d 224.) The anti-SLAPP statute provides: A cause of action against a person arising from any act of that person 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 shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (Code Civ. Proc., 425.16, subd. (b)(1).)

Other Questions


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)
Does Section 425.16 of the California Anti-SLAPP Act allow a defendant to request a motion to strike a motion against a plaintiff's petition? (California, United States of America)
Does the anti-SLAPP statute bar a plaintiff from bringing a motion to strike a claim for damages arising from a protected right of speech and petition? (California, United States of America)
Does a motion to strike on an anti-SLAPP motion have to strike? (California, United States of America)
What is the test for a motion to amend a motion where a plaintiff has been found to have suffered from a defect in their motion? (California, United States of America)
Is a plaintiff who prevails on an anti-SLAPP motion to strike entitled to recover his or her attorney fees? (California, United States of America)
What is the test for a motion to strike a "SLAPP" motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the test for a motion to strike a plaintiff in an anti-SLAPP action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.