California Anti-SLAPP Motions: Potential Pitfalls for Plaintiffs

Snell & Wilmer
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California’s anti-SLAPP (“strategic lawsuit against public participation”) law has been an inviting first line of attack for defendants and cross-defendants—and a potential pitfall for plaintiffs and cross-complainants—ever since its passage 25 years ago. Enacted in 1992 as a deterrent to the filing of meritless lawsuits which prevent or punish the exercise of petition or free speech rights, the anti-SLAPP statute’s unique discovery stay, immediate appeal provisions, unavailability of leave to amend, and one-sided mandatory attorney-fee provisions make the anti-SLAPP special motion to strike one of the most powerful dispositive motions in California civil litigation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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