Can anti-SLAPP motion be filed challenging the injunctive relief brought under section 527.6?

California, United States of America


The following excerpt is from Santsche v. Hopkins, A154559, A154734 (Cal. App. 2019):

"[A]nti-SLAPP motions may be filed challenging petitions for injunctive relief brought under section 527.6, because [these petitions] constitute 'causes of action' under the anti-SLAPP law, and there is nothing in section 425.16 which would exempt such petitions from the broad reach of this remedial statute. However, the anti-SLAPP statute does not apply to a proceeding . . . [to] determin[e] whether [a TRO] should be issued as a prelude to a hearing on the petition for injunctive relief," since "a request for a TRO is simply an 'application.' " (Thomas v. Quintero (2005) 126 Cal.App.4th 635, 642, 652 (Thomas).)

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