What is the test for a motion to strike a "SLAPP" motion?
California, United States of America
The following excerpt is from Lichter v. Martin, B213449, Super. Ct. No. VC051486 (Cal. App. 2010):
1. Code of Civil Procedure, section 425.16 provides for a special motion to strike a "SLAPP" suit, described as a meritless suit filed primarily to chill the defendant's exercise of his First Amendment rights. One of the purposes of the statute is to eliminate meritless litigation at an early stage. (Bradbury v. Superior Court (1996) 49 Cal.App.4th 1108, 1113.) A motion to strike filed under section 425.16 is known as an anti-SLAPP motion.
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