What is the anti-SLAPP statute and what is its effect?

California, United States of America


The following excerpt is from Kermaninejad v. Kappos, A146031 (Cal. App. 2016):

The anti-SLAPP statute was enacted to thwart "lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances." (Code Civ. Proc. 425.16, subd. (a).)6 It allows a defendant to move to dismiss "certain unmeritorious claims that are brought to thwart constitutionally protected speech or petitioning activity." (Robinzine v. Vicory (2006) 143 Cal.App.4th 1416, 1420-1421.) The heart of the statute states: "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." ( 425.16, subd. (b)(1).)

Other Questions


What is the effect of a statute in Cross v. Cross providing that a person can sue for damages under a different type of tortfeasor's statute? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
What is the effect of the owner provision of the former guest statute on the owner provisions of the guest statute? (California, United States of America)
What is the overlap between the carjacking statute and the robbery statute? (California, United States of America)
When an agency adopts a new interpretation of a statute and rejects an old interpretation of the statute? (California, United States of America)
What is the effect of a de novo review when a statute is amended? (California, United States of America)
What is the effect of the statute of limitation on timely litigation? (California, United States of America)
What is the effect of the Supreme Court's interpretation of the Three Strikes statute? (California, United States of America)
Is the language in elder abuse statutes the same as that in child abuse statutes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.