Anti-SLAPP Motions & Appeals.
An anti-SLAPP Motion is used to defend against a SLAPP—i.e., a Strategic Lawsuit Against Public Participation. In simple (well, simpler) terms, a SLAPP is a lawsuit that attempts to hold someone liable for engaging in activity protected under the First Amendment—specifically, the right to free speech or the right to petition the government for redress (e.g., the filing of a lawsuit).
Anti-SLAPP motions are often filed in response to defamation actions, particularly when the underlying speech was communicated in a public forum. A successful anti-SLAPP motion can result in (1) a partial or complete dismissal of the plaintiff’s case, and (2) an award of attorneys’ fees to the prevailing defendant.
There is two-pronged approach that courts apply when analyzing anti-SLAPP motions:
Prong One—The Defendant’s Burden: The defendant must show that the lawsuit in question seeks to punish him or her for engaging in protected activity. If the defendant fails to make this showing, the anti-SLAPP motion is denied.
Prong Two—The Plaintiff’s Burden: If the defendant meets his or her burden, the plaintiff must produce evidence supporting his or her claims—at the outset of the case and without the benefit of discovery, which is stayed during the pendency of an anti-SLAPP motion. This makes anti-SLAPP motions a unique and powerful tool for litigants: Whereas a normal civil suit can continue for months (if not years) without the plaintiff having to produce any evidence supporting his or her claims, a proper anti-SLAPP motion puts pressure on the plaintiff at the beginning of the case. If the plaintiff cannot produce admissible evidence supporting his or her claims, the case is dismissed and the plaintiff is typically ordered to pay the defendant’s attorneys’ fees.
Anti-SLAPP motions are also unique insofar as they are immediately appealable. In fact, the Court of Appeal reviews anti-SLAPP appeals under the “de novo” standard, which means the appellate court looks at the case anew, untethered to the reasoning adopted by the trial court. This makes anti-SLAPPs a particularly good issue to take up on appeal.
Decker Law represents litigants in anti-SLAPP proceedings in both trial courts and the Court of Appeal. If you have been sued for exercising your First Amendment rights, or if anti-SLAPP motion or appeal has been filed in your case, contact Decker Law today by clicking the link below or calling us at 949-688-0776. We have significant experience in this area, having litigated anti-SLAPP motions and appeals on both sides of the aisle.