Practice in ignorance of the anti-SLAPP laws and practice at your peril. If you practice a little or a lot of California civil litigation- you need to know SLAPP. If you don't, you can expect to be sued for malpractice and malicious prosecution contemporaneously under CCP 425.18. Anti-SLAPP jurisprudence is a novel, complex, and rapidly expanding area of law due mainly to the immediate appeal right by losing defendants from orders denying anti-SLAPP motions in whole or in part. The statute has now been amended 6 times since it was first effective in 1993 and over 400 published court of appeal decisions in California have interpreted its provisions - this includes at least 25 opinions from the California Supreme Court. SLAPP also applies to state law claims in federal court with slightly different rules. 30 states now have anti-SLAPP statutes on their books. Many plaintiff's lawyers to this day are dumbfounded when I explain the rules of SLAPP to them. The responses I get are: Really!! It can't be that way!! It must be unconstitutional!!! I tell them no, no, and no and I can give you a case rejecting each argument you raise and yes the statute is definitely constitutional as interpreted by a number of High Court opinions.
Recently, conflicts abound in a number of areas but most saliently in the area of mixed SLAPP causes of action and the confusion with the so-called "principal thrust or gravamen" doctrine. Also, the illegality as a matter of law doctrine and the commercial speech exemption appear to be the most misunderstood concepts in SLAPP jurisprudence. What is protected petitioning activity? What constitutes conduct in furtherance of the right of free speech in connection with an issue of public interest? How does a plaintiff demonstrate a "probability of prevailing" with competent admissible evidence when there is an automatic stay on discovery upon filing of the motion? What about cyber SLAPPs, review sites, HOA disputes, unlawful detainer, and invasion of privacy? How to cogently make and oppose SLAPP fee motions. Learn to avoid malpractice and a SLAPPback malicious prosecution under CCP 425.18 and much more. Get up to speed on the latest SLAPP cases and recent trends along with an invaluable anti-SLAPP handbook and seminar materials.
PLEASE JOIN ME FOR A 6-HOUR COMPREHENSIVE ANTI-SLAPP SEMINAR SPONSORED BY PINCUS PROFESSIONAL EDUCATION ON OCTOBER 19, 2012 AT THE LA ATHLETIC CLUB IN DOWNTOWN LA. There will be four panelists including myself, Ben Shatz, Esq. an appellate specialist at Manatt Phelps LA, Phil Goar, Senior Judicial Attorney at the sEcond Dist. Div. One Court of Appeal and the Hon. Amy Hogue, Judge of the LA Superior Court.
MENTION MY NAME AS A FRIEND OF THE SPEAKER AND GET A 25% DISCOUNT OFF THE PRICE OF THE SEMINAR. Go to www.pincusproed.com for more info.
Sincerely,
James J. Moneer, Esq.
Sunday, September 9, 2012
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