Does the anti-SLAPP statute apply to 9th and 12th causes of action?

California, United States of America


The following excerpt is from Santa Ritts, LLC v. 8445 SMB, Inc., B234515 (Cal. App. 2012):

The trial court did not address the applicability of the anti-SLAPP statute to the 9th and 12th causes of action, presumably because the claims were dismissed without leave to amend when it sustained defendants' earlier demurer. We agree with defendants that this was error, because section 425.16, subdivision (c) provides for attorney fees, and therefore the motion was not rendered moot by the previous demurrer. (White v. Lieberman (2002) 103 Cal.App.4th 210, 220 (White).)

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