What is the definition of SLAPP and what is the test for SLAPP?

California, United States of America


The following excerpt is from Elnaggar v. Irvine Co., G051262 (Cal. App. 2016):

1. "SLAPP" is an acronym for "strategic lawsuit against public participation," and refers to a lawsuit which both arises out of defendants' constitutionally protected expressive or petitioning activity, and lacks a probability of success on the merits. (Code Civ. Proc., 425.16; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 377.)

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

2. Law Firm and the two lawyers will be referred to as the Law Firm Defendants.

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