Description

Have you ever had the urge to SLAPP someone? Ever been SLAPPed? For 30 years, Californians have had the ability to defend against a lawsuit if they believed that it was a Strategic Lawsuit Against Public Participation (SLAPP), which Code of Civil Procedure §425.16 describes as “lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances.” 

In recent years, the courts have concluded that a letter sent by parents about the conduct of a private school principal’s conduct, to a singer’s decision to terminate his long-time drummer to claims arising from settlement negotiations were all conduct that was protected by the statute, and substantial attorneys’ fees can be imposed if you have the misfortune of bringing an action that the court determines was a “SLAPP”. 

This seminar will provide an overview of the SLAPP statute, including what types of lawsuits implicate “protected activities” under the Anti-SLAPP statute, what a Plaintiff needs to show in order to demonstrate a “probability of prevailing” and avoid the dismissal of their claim, and what is the measure of attorney’s fees for successful defendants.

This event is co-sponsored by Civil Practice Committee.

MCLE: 1.0 hours General Substantive Law

SPEAKERS:

Joshua Borger, Esq.

Berliner Cohen

Joshua.Borger@berliner.com

www.berliner.com

Bruce D. MacLeod, Esq.

Davis, Bengston & Young

BMacleod@dby-law.com

www.dby-law.com

Hon. Socrates Manoukian

Santa Clara County Superior Court