California Courts of Appeal
Sep. 28, 2013
Districts split on mixed causes of action and anti-SLAPP
These differing analytical approaches create vastly different results for litigants advancing mixed claims. By Erik Syverson and Steven Gebelin
A new strategic concern is developing as a result of a split of authority in the state Court of Appeal regarding the scope of an anti-SLAPP motion to strike pursuant to Code of Civil Procedure Section 425.16. The split concerns "mixed causes of action" which are comprised of claims arising from both protected public participation and from unprotected private acts.
Anti-SLAPP motions are brought by parties se...
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