ARTICLE · 09 JULY 2010

10 Tips On How To Use Anti-SLAPP Protection In Litigation

Patton Martin & Sullivan, LLP

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In my practice, I have found that California's Strategic Lawsuit Against Public Participation Statute, Section 425.16 of the Code of Civil Procedure (known as the "anti-SLAPP statute"), can be an effective tool for defendants faced with lawsuits of dubious merit, because it allows the court, on motion, to scrutinize the merits of a case at a very early stage, and eliminate unmeritorious actions.

United StatesLitigation, Mediation & Arbitration

John Patton

In my practice, I have found that California's Strategic Lawsuit Against Public Participation Statute, Section 425.16 of the Code of Civil Procedure (known as the "anti-SLAPP statute"), can be an effective tool for defendants faced with lawsuits of dubious merit, because it allows the court, on motion, to scrutinize the merits of a case at a very early stage, and eliminate unmeritorious actions. Here are some practical tips I have gleaned from experience (successful and not) on how to make (or oppose) such a motion.

1. Making the Motion: As with any motion, 2 questions are key: 1) Are there good reasons to make this motion; and 2) What can I reasonably hope to accomplish by making the motion?

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