Does an order denying an anti-SLAPP special motion to strike apply to arbitration?

California, United States of America


The following excerpt is from Custer v. Pixley, G053609 (Cal. App. 2017):

In particular, citing Century 21 Chamberlain & Associates v. Haberman (2009) 173 Cal.App.4th 1, 8-9 (Century 21), the trial court explained, "'Arbitration is a contractual proceeding that provides a private alternative to the judicial forum. . . . Arbitration is not a judicial proceeding triggering anti-SLAPP protection. Nor is arbitration an "official proceeding authorized by law," subject to anti-SLAPP protection.'"

An order denying an anti-SLAPP special motion to strike is an appealable order that we review de novo. (Chambers v. Miller (2006) 140 Cal.App.4th 821, 824.)

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