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Civil Litigation,
California Courts of Appeal

Oct. 17, 2019

A bad case for lawyers

In an anti-SLAPP case, the court inadvertently highlighted one of the linguistic challenges in anti-SLAPP jurisprudence — what exactly is “minimal merit” and why is it not different from a “probability of prevailing at trial” standard?

Timothy D. Reuben

Founder and CEO
Reuben, Raucher & Blum

Phone: (310) 777-1990

Email: treuben@rrbattorneys.com

Reuben is the founder and CEO at Reuben Raucher & Blum. Alongside his extensive career as a civil litigator specializing in complex matters at both the trial and appellate level, he serves pro bono as a temporary judge and settlement officer for the Los Angeles Superior Court, as well as a fee arbitrator for the LA County Bar.

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Sometimes the courts just get it wrong, and it certainly appears they did in Abir Cohen Treyzon Salo, LLP v Art Lahiji, 2019 DJDAR 9551 (Oct. 2, 2019). Division 2 of the 2nd District Court of Appeal, with Justice Brian Hoffstadt writing for the court, joined by Justices Elwood Lui and $95

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