California
Grade: A
California has an excellent anti-SLAPP law. It was enacted in 2009.
Jurisdiction | Statute or Case Law? | Any Forum? | Any Public Issue? | Mandatory Attorney Fees/Costs? | Additional Burden? | Amendment After Grant? | Amendment While Pending? | Immediate Appeal? |
---|---|---|---|---|---|---|---|---|
California | Cal. Civ. Proc. Code 425.16 | Y | Y | Y | Y/N 1 | N | Y |
1In state courts, claims may not be amended if an anti-SLAPP motion is pending or has been granted. In federal courts, leave to amend may be granted.
CIV. PROC. CODE § 425.16 (as amended 2009)
Statements before a government body or official proceeding; or in connection with issue under consideration by government body; or in a place open to the public or public forum in connection with issue of public interest; or any other conduct in furtherance of petition/free speech in connection with issue of public interest, are protected.
Exempts from the anti-SLAPP law public interest litigation and claims arising from commercial speech.
SLAPPbacks: Prohibits the use of certain provisions of the anti-SLAPP law against a SLAPPback brought in the form of a malicious prosecution claim.
The California Anti-Libel Tourism Act
SB 320 passed both chambers of the CA legislature and was approved by Governor Arnold Schwarzenegger on 10/11/09. The bill prohibits recognition of foreign defamation judgments if a California court determines that the defamation law applied by a foreign court does not provide at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions.
California SLAPP Stories:
David Nunes loses another lawsuit.
PPP Policy Director, Evan Mascagni, recently wrote a blog post for the California Anti-SLAPP Project on Devin Nunes.
'Turnbull' and 'Newport Harbor' confirm that the days of basing an anti-SLAPP motion on a "gravamen" test or on conclusory assertions of protected activity are behind us.
A lawyer said he will move to dismiss the extortion suit filed by an NFL player under California’s anti-SLAPP statute and litigation privilege.
The California Supreme Court passed on actress Olivia de Havilland’s publicity rights challenge to an FX television show.
A woman said she was let go from ATTN: after protesting a racial slur from one of the news site's investors. A judge ruled that she is likely to prevail in her lawsuit.
The California Supreme Court issued a ruling in Hassell v. Bird, a case with serious ramifications for consumer speech.
An appeals court in California tossed a lawsuit filed against the San Francisco Chronicle by a now-disbarred lawyer who claimed the newspaper defamed him. The appeals court affirmed dismissal based on California’s anti-SLAPP law.
Attorneys for 20th Century Fox asked a Los Angeles Superior Court judge to throw out a countersuit that Netflix filed against Fox. Fox said the countersuit should be thrown out because it concerned protected speech under the California anti-SLAPP statute, but the judge rejected the motion. Then a three-judge panel of the 2nd District Court of Appeal upheld the lower court’s ruling, deciding that the Netflix countersuit was not barred by the anti-SLAPP statute.
A California Appeals Court affirmed a trial court’s denial of an anti-SLAPP motion that defendants filed in a lawsuit in which plaintiffs claimed that public school officials took retaliatory actions against a former board member by disseminating confidential medical information and making claims of improper activity against her.
Addressing a potential conflict between California’s anti-SLAPP law and the federal procedural rules, the Ninth Circuit last month specified what analysis courts should use when faced with a motion to dismiss a “Strategic Lawsuit Against Public Participation.”
Attorneys representing investors in a basketball league filed an anti-SLAPP motion in a defamation case that the league, O’shea Jackson (aka Ice Cube) and Jeff Kwatinetz brought against the investors.
A federal judge in Hawaii refused to dismiss a producer’s libel lawsuit against a woman who accused him of rape. However, the judge agreed that the case should be governed by the California anti-SLAPP statute, though the producer’s attorneys had argued that the case should be governed by Hawaii’s anti-SLAPP law.
PPP Board member Jeremy Rosen recently co-wrote an article with Felix Shafir for Law360 on the complexities of California's anti-SLAPP statute. Click through for the article.
Mike Masnick with Techdirt explains the recent decision to throw out the Greenpeace RICO case on anti-SLAPP grounds in California. Read more here.
The Northern California Record reports:
"A San Mateo County Superior Court ruled in favor of social media giant Facebook in an appeal brought against the company's anti-strategic lawsuit against public participation (anti-SLAPP) motion as well as to strike the original complaint and award the company its attorney’s fees for the appeal."
Sarah Bro with the National Law Review writes:
"In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of implied-in-fact contract claim under state law did not arise from protected free speech activity."
Mike Masnick at Techdirt reminds us of the need for strong anti-SLAPP laws. "They help get rid of frivolous, censorious cases quickly, and they make the plaintiff pay the legal fees of the defendant (which also helps to deter other such frivolous cases)."
PPP Board President Mark Goldowitz recently blogged about a new California Supreme Court decision that reins in abuse of the anti-SLAPP law by government entities.
PPP Board Member Professor Eric Goldman recently posted on his Technology & Marketing Law Blog about the amicus briefs recently filed in an important First Amendment case before the California Supreme Court.
PPP Board Vice President Jeremy Rosen recently co-authored an article on California's anti-SLAPP law for California Lawyer. The article provides an overview of California's anti-SLAPP law and discusses the evolution of the state’s anti-SLAPP jurisprudence.
Board Member Jeremy Rosen co-authored an article on Law360 about California's anti-SLAPP law and legal malpractice. They write:
California’s anti-SLAPP law provides “an efficient procedural mechanism to obtain an early and inexpensive dismissal of nonmeritorious claims ‘arising from any act’ of a defendant ‘in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue.’” (Brenton v. Metabolife International Inc. (2004) 116 Cal.App.4th 679, 684.) But this law “is a complex statute” that has “spawned a ‘plethora of appellate litigation.’” (Burke, Anti-SLAPP Litigation (The Rutter Group 2016) § 2.1, p. 2-5.)
Among the issues that have generated the most litigation is whether the anti-SLAPP statute applies to claims alleging legal malpractice or similar breaches of an attorney’s legal or ethical obligations.
Anti-SLAPP news out of California this week:
Animal Rights activist Marcy Winograd has hired Mark Goldowitz, Director of Anti-SLAPP Project, to represent her in a “Free Speech case” before California Court of Appeal.
A Los Angeles public school teacher and Santa Monica resident, Winograd will be represented by Goldowitz in Angel and Nester vs. Winograd.
In November, 2014, pony ride operators Tawni Angel and Jason Nester filed a defamation lawsuit against Winograd for her petition campaign to end what she allege is “animal cruelty at the Main Street Farmers Market in Santa Monica.” Winograd and nearly 2,000 petition signers object to what they describe as “a cramped petting zoo and pony ride in which ponies are tethered to metal bars and forced to circle barefoot in one direction on concrete for almost four hours each Sunday.”
From Corey Hutchins with Columbia Journalism Review:
"IN A CASE THAT HIGHLIGHTS both a point of potential vulnerability for many news startups and the significance of broad anti-SLAPP statutes, a California judge this week dismissed a lawsuit against inewsource.org, a nonprofit investigative newsroom in San Diego.
In the world of media lawsuits, this one was anything but ordinary. The suit had been brought in April by San Diegans for Open Government, a local nonprofit, and though it took aim at inewsource’s basic operating model, it didn’t go directly after the newsroom’s editorial output.
It’s a sadly familiar sight in courthouses around the country: A deep-pocketed corporation, developer or government official files a lawsuit whose real purpose is to silence a critic, punish a whistleblower or win a commercial dispute. That’s why California enacted a law in 1992 to give people a preemptive legal strike against frivolous lawsuits that seek to muzzle them on public issues. This sort of safeguard doesn’t exist in almost two dozen other states or in federal law, unfortunately, but a group of tech-friendly lawmakers is trying to change that.
Read more from the LA Times here.
From MEGAN GEUSS at Ars Technica:
The regulation of Google’s search results has come up from time to time over the past decade, and although the idea has gained some traction in Europe (most recently with “right to be forgotten” laws), courts and regulatory bodies in the US have generally agreed that Google’s search results are considered free speech. That consensus was upheld last Thursday, when a San Francisco Superior Court judge ruled in favor of Google’s right to order its search results as it sees fit.
The owner of a website called CoastNews, S. Louis Martin, argued that Google was unfairly putting CoastNews too far down in search results, while Bing and Yahoo were turning up CoastNews in the number one spot. CoastNews claimed that violated antitrust laws. It also took issue with Google’s refusal to deliver ads to its website after CoastNews posted photographs of a nudist colony in the Santa Cruz mountains.
In 1992, deputy sheriff Gary Spencer shot and killed a citizen during execution of a search warrant in California. Following an investigation by the district attorney, the deputy was exonerated.However, the district attorney’s public report of the investigation questioned the veracity of the affidavit supporting the search warrant, suggesting that the Los Angeles County Sheriff’s Department was “motivated, at least in part, by a desire to seize and forfeit the ranch for the government…. Based in part upon the possibility of forfeiture, Spencer obtained a search warrant that was not supported by probable cause.”
In California, the Monterey Plaza Hotel sued the Hotel Employees Local 483 after a member of the union made comments about firings conducted by the hotel. The union successfully invoked California’s anti-SLAPP statute to quickly dismiss the case.
In 2004, Sharper Image sued Consumers Union for its poor review of a Sharper Image air cleaning system in Consumer Reports. CU successfully invoked the California anti-SLAPP law to dismiss the case.
On November 9, a California judge dismissed the $3.8 million defamation lawsuit against Phoebe Bridgers based on California’s anti-SLAPP statute. Representatives for Bridgers stated that the lawsuit, filed by studio owner Chris Nelson, was filed for the sole purpose of causing harm to the star’s reputation and career. Read more about the suit here.