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Striking Back Against Anti-SLAPPs: Three Tips for Opposing Anti-SLAPPs
Manage episode 338741350 series 3344448
İçerik Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis tarafından sağlanmıştır. Bölümler, grafikler ve podcast açıklamaları dahil tüm podcast içeriği doğrudan Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis veya podcast platform ortağı tarafından yüklenir ve sağlanır. Birinin telif hakkıyla korunan çalışmanızı izniniz olmadan kullandığını düşünüyorsanız burada https://tr.player.fm/legal özetlenen süreci takip edebilirsiniz.
Three recent cases remind litigants of some important tips when opposing anti-SLAPP motions:
- Spending money on litigation is not protected activity if the case is really about the misappropriation of the money. That’s Manlin v. Milner (D2d1 Aug. 10, 2022 Nos. B313253, B315077) 2022 WL 3223817 (nonpub. opn.) (Tim’s writeup is here).
- Appealing an anti-SLAPP dismissal and attorney-fees award against your client? Cite Quiles v. Parent for its holding that SLAPP fee awards are automatically stayed on appeal (Tim’s writeup is here). Is the trial court refusing to honor the stay? You can seek a writ of supersedeas in the Court of Appeal, but if you want a reasoned opinion, you need direct review. For that, you’ll need to label your motion to enforce the stay as one for injunctive relief.
- Opposing an anti-SLAPP motion filed outside the 60-day window? Reyes v. Escobar (D2d7 Aug. 12, 2022 No. B313575) 2022 WL 3334384 held that extending the time to file without considering the length of the delay, the reasons offered for the delay, and potential prejudice to the plaintiff, is an abuse of discretion.
Also: What questions do you want to hear appellate justices answer? The podcast will be hosting some retired appellate justices in future episodes, and we want to put to them the questions you’ve been itching to have answered. Email Tim at tkowal@tvalaw.com.
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Other items discussed in the episode:
- Manlin v. Milner (D2d1 Aug. 10, 2022 Nos. B313253, B315077) 2022 WL 3223817 (nonpub. opn.) (Tim’s writeup is here).
- CALP episode 46 on judgment enforcement with Joseph Chora.
- Quiles v. Parent for its holding that SLAPP fee awards are automatically stayed on appeal (Tim’s writeup is here).
- Merritt v. Specialized Loan Servicing, LLC (D6 Aug. 11, 2022 No. H048463) 2022 WL 3274131 (Tim’s writeup here).
- Reyes v. Escobar (D2d7 Aug. 12, 2022 No. B313575) 2022 WL 3334384.
- First Amendment Case Pertaining to Public Employees: Guffey v. Mauskopf issued Aug 16.
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