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Perspective

May 15, 2012

Attacking a frivolous anti-SLAPP motion: Does CCP Section 187 provide a way?

It's no secret that some defendants abuse anti-SLAPP motions; but is the remedy already lurking in the books? By David J. Wilson of Manning & Kass, Ellrod, Ramirez, Trester LLP


By David J. Wilson


California's anti-SLAPP remedy, Code of Civil Procedure Section 425.16, is the broadest in the nation. It applies to more kinds of lawsuits, and protects more defendants that any other state's statutory protections for defendants who are sued for exercising their First Amendment rights. Section 425.16 protects constitutional free speech rights on public issues and the First Amendment right to petition the government for redress of griev...

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