Does a request to testify at an anti-SLAPP hearing violate a plaintiff's right to a jury trial?

California, United States of America

The following excerpt is from La Huerta v. Lions Gate Entm't Corp., B271844 (Cal. App. 2017):

Appellant argues that the denial of her request to testify at the anti-SLAPP hearing violated her right to a jury trial. However, "[m]otions ordinarily are heard on affidavits, alone. [Citations.] While a court has the discretion to receive oral testimony, it may refuse to do so and may properly rule solely on the basis of affidavits. [Citations.]" (McLellan v. McLellan (1972) 23 Cal.App.3d 343, 359.) Appellant's request to testify at the anti-SLAPP hearing was limited to her claim that the director intentionally placed her in danger during the 2011 stunt; she

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Does a request to testify at an anti-SLAPP hearing violate a plaintiff's right to a jury trial?

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