Legal Scholars, Law Firms, Papers and Publications where Mr. Moneer is cited as a reference

May 2004- "Panel tossed SLAPP-back Suit Against Prominent Trial Lawyer"., By Claude Walbert, Los Angeles Daily Journal, May 19, 2004 P. 2.

Aug. 2002- "High Court Strengthens Anti-SLAPP Protections In a trio of rulings, the justices say defendants do not have to prove the motive behind SLAPP suits"., By Peter Blumberg, San Francisco Daily Journal, Aug. 30, 2002

Jul. 2002- "Ruling Puts Mattel's Lawsuit Back in Business", By Katherine Gaidos, L.A. Daily Journal, July 3, 2002

Jun. 2002- "Intent to Chill Four Cases Before California's High court Raise the Issue of Intent On the Part of Plaintiffs Who File SLAPP Suits", By Peter Blumberg, San Francisco Daily Journal, June 5, 2002

Jun. 2002- "Lawyers SLAPP Back!", By Lisa M. Chait and Harry W.R. Chamberlain II, Law Firm of Stephan, Oringher, Richman & Theodora, P.C. Website article- June 2002.

Undated- "Stifling Citizen Activism", By Bob Peace, Alumni Distinguished Professor -North Carolina State University, P.O. Box 8113, Raleigh, NC 27695. Ph: 919-515-4434, Fax: 919-515-4446, bob_peace@ncsu.edu.

Published Articles by Mr. Moneer

April 2007-"Two SLAPPS Don't Make a Right: But they Do Clog our Courts" California Litigation, The Journal of the Litigation Section, State Bar of Californi, Vol.20 No. 1 (unpublished version click here)

Feb. 2004- "New Statute Exempts Certain Suits from SLAPP Law", L. A. Daily Journal, Focus Column, Feb. 9, 2004.

Sep. 2003- "SLAPP Law Applies to Malicious-Prosecution Action", L.A. Daily Journal, Focus Column, Sep. 18, 2003.

Nov. 2002- "Trilogy of High Court Cases Reaffirm Broad Plain Language Construction of anti-SLAPP Law", Association of Business Trial Lawyers, San Diego, ABTL Report, Volume IX no. 4, November 2002 (click here for PDF version)

Mar. 2002- "2001 Has Been a Busy Year for Decisions Involving SLAPPs": L.A. Daily Journal, Focus Column, March 4, 2002.

Oct. 2001- "Dowling, Ketchum & Shekter: construing Anti-SLAPP fee Provision Broadly to Protect Free Speech and Petition Rights": CASD Trial Bar News, civil Procedure Column, Oct. 2001, p. 19.

Nov. 2000- "Torts: Analyzing Potential SLAPP Problems": California Lawyer Magazine Expert Advice Column, Nov. 2000, p.28.

Aug. 2000- "No-Win Situation: Opposing a SLAPP Motion is Time Consuming and Expensive": The Practitioner. Anti-SLAPP law- L.A. Daily Journal, 8/4/2000.

Significant SLAPP Fee Awards

10/8/04 - Ramona Unified School District v. Tsiknas, Hamilton, and
Apgar et al. (SDSC GIE 020665). Mr. Moneer represented defendants Tsiknas, Hamilton, and Apgar as special counsel in preparing and arguing the SLAPP motion to strike plaintiff's abuse of process and barratry claims, which Judge Eddie C. Sturgeon granted based on, inter alia, litigation privilege grounds. The Court awarded 100% of attorney Moneer's hours billed @ $375.00 per hour plus a 1.50 multiplier. His co-counsel, Julie Hamilton, was awarded fees for all of her time on the SLAPP motion at $225.00 per hour plus a 1.50 multiplier. Ramona Unified has appealed solely to delay payment because they are a public entity, which is apparently exempt from the bonding requirement of Dowling v. Zimmerman, supra, under CCP 995.220. Ramona Unified's appeal is meritless and dilatory.

2002- Awarded $108,000 in SLAPP fees by Court at $325/hr. for 302 out of 302 hours billed in Commonwealth Energy Corp. v. Chappell (O.C.S.C. No. 811996).

Significant Unpublished SLAPP Defense Cases

11/28/06- Berger v. Dobias (2nd Dist. No.B182072) Mr. Moneer represented defendant and appellant Dobias. Plaintiffs sued defendant for malicious prosecution and abuse of process arising out of a civil suit for assault and a petition for an injunction prohibiting harassment (Code Civ. Proc., § 527.6; all further statutory references are to the Code of Civil Procedure unless otherwise indicated). Defendant filed a special motion to strike, contending the action was a SLAPP (strategic lawsuit against public participation) (§ 425.16). The trial court denied the motion. Defendant appealed and the order was reversed.

11/8/04 - Thermoview v. UCAN (D042815; SDSC GIC 808576). Mr. Moneer represented defendant and appellant UCAN as special counsel in preparing and arguing the SLAPP motion in the trial court with the assistance of UCAN's general counsel, John Hansen, at Rosner, Law, & Mansfield. The trial court per Judge Hayden denied the SLAPP motion. The Court of Appeal reversed and held that UCAN's (e)(4) public issue SLAPP motion should have been granted as to all claims and awarded UCAN fees and costs.

Represented defendant Chappell and obtained complete reversal of order denying SLAPP motion against Jones, Day, Reavis & Pogue, Irvine. Commonwealth Energy Corp. v. Chappell (4th Dist/3 No. G026344) filed January 15, 2002.

Significant Unpublished Pro-Plaintiff SLAPP Cases

A. Court of Appeal Decisions

Most notably, Mr. Moneer represented a defamation PLAINTIFF against a SLAPP motion filed by Mark Goldowitz, Esq., Director of the California Anti-SLAPP project. The trial court granted the SLAPP motion but Mr. Moneer obtained complete reversal on the SLAPP appeal against Mr. Goldowitz: Folkers et al. v. Newton et al. (4th/3 No. G017187; O.C.S.C. No. 732664) filed 4/24/98. Mr. Goldowitz' petition for review was DENIED July 15, 1998.

B. Superior Court Orders

7/16/03- Johannes Ramirez, M.D. v Renato Judelena, M.D. et al. (BLC 002131) - Represented plaintiff Ramirez in successfully opposing defendants' anti-SLAPP motion. Defendants voluntarily dismissed their SLAPP appeal pursuant to settlement. (4th/2 No. E034725). Plaintiff Ramirez paid no SLAPP fees or costs as part of that Settlement. The firm of Stephen, Oringher, Richman, & Theodora, P.C. - Los Angeles, represented the defendants.

8/6/02- Successfully defeated SLAPP motion filed by defendant Farmers Ins. Exchange in McCurley et al. v. Farmers et al. v. Schaeffer, Farmers et al. (L.A.S.C. No. BC253984) Defendants did not appeal. Plaintiffs paid no SLAPP fees or costs to defendants. The firm of Tharpe & Howell, Los Angeles represented the defendants.

Significant California Court of Appeals Published Decisions

2006-Represented SLAPP defendant in Ramona Unified School District v.GREGORY TSIKNAS et al (4th Dist. 2005) 135 Cal. App.4th 510. "The Court of Appeal recognized Mr. Moneer as an expert in anti-SLAPP law." See pages 522-524.

Commentary on above referenced lawsuit The California Appellate Report, by Professor Shaun Martin at the University of San Diego School of Law.

2001-Represented SLAPP defendant in Dowling v. Zimmerman (4th Dist. 2001) 85 Cal.App.4th 1400.

2003- Represented SLAPP defendant in Commonwealth Energy Corp. v. Investors Data Exchange (4th Dist. 2003) 110 Cal.App.4th 26.

2000-Represented defendant in West Shield Investigations & Security Consultants v. Superior Court (2000) 82 Cal.App.4th 935, review denied. [Petition for Writ of Mandate GRANTED after denial of Summary Judgment]

Key California Supreme Court Cases

2007-Hutton v Hafif Certified for Publication 5/3/07
2006- Soukup v. Hafif et al, 39 Cal. 4th 260

2002- Orally argued as Amicus Counsel in City of Cotati v. Cashman (2002) 2002 DJDAR 9950 before California Supreme Court on 6/6/02 in support of the Cashman Petitioners (SLAPP defendants).

2002- Filed Amicus Curiae Brief in California Supreme Court in support of prevailing SLAPP defendant in Equilon Enterprises v. Consumer Cause, Inc.(2002) 2002 DJDAR 9945.

2002-2003 Two Petitions for Review GRANTED by California Supreme Court in unpublished SLAPP/Malicious Prosecution case Soukup and Hutton v. Law Offices of Herbert Hafif et al. ( No. S109615, S111545). Case was transferred back to Court of Appeal on 10/29/03 for reconsideration in light of Jarrow Formulas v. La Marche (2003) 31 Cal.4th 728, 731 and Navellier v. Sletten (2002) 29 Cal.4th 82, 94-95.

2004- HUTTON v.HERBERT HAFIF et al.
Case # B162572 (Los Angeles County Super. Ct. No. BC241082)
APPEAL from an order of the Superior Court of Los Angeles County, Paul Gutman, Judge. Reversed with directions.

2003- Filed Amicus Curiae Brief in California Supreme Court in support of prevailing SLAPP defendant in Jarrow Formulas v. La Marche (2003) 31 Cal.4th 728, 731.