"Special motion to strike" means a motion made pursuant to California Legal Code CCP Section 425.16. 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage
continued participation in matters of public significance, and that this participation should not be chilled through abuse
of the judicial process. To this end, this section shall be construed broadly. (b) (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of
petition or free speech under the United States or California Constitution in connection with a public issue shall be
subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a
probability that the plaintiff will prevail on the claim. (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits
stating the facts upon which the liability or defense is based. (3) If the court determines that the plaintiff has established a probability that he or she will prevail on the claim,
neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of
the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding. (c) In any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be
entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike
is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. (d) This section shall not apply to any enforcement action brought in the name of the people of the State of California
by the Attorney General, district attorney, or city attorney, acting as a public prosecutor. (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or
California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other
official proceeding authorized by law; (2) (2) any written or oral statement or writing made in connection with an issue under consideration or review by
a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) (3) any written or oral statement or writing made in a place open to the public or a public forum in connection
with an issue of public interest; (4) (4) or any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional
right of free speech in connection with a public issue or an issue of public interest. (f) The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion,
at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for
a hearing not more than 30 days after the service of the motion unless the docket conditions of the court
require a later hearing. (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section.
The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion.
The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding
this subdivision. (h) For purposes of this section, "complaint" includes "cross-complaint" and "petition," "plaintiff" includes "cross-complainant" and "petitioner," and "defendant" includes "cross-defendant" and "respondent." (i) An order granting or denying a special motion to strike shall be appealable under Section 904.1. (j) (1) Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a
special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by e-mail or facsimile, a copy
of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for
a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying
a special motion to strike, discovery, or fees. (2) The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for
at least three years, and may store the information on microfilm or other appropriate electronic media. 425.17. (a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16,
the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances, contrary to the purpose and intent of Section 425.16.
The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of
public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16. (b) Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public
if all of the following conditions exist: (1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or
a class of which the plaintiff is a member. A claim for attorney's fees, costs, or penalties does not constitute greater or
different relief for purposes of this subdivision. (2) The action, if successful, would enforce an important right affecting the public interest, and
would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons. (3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to
the plaintiff's stake in the matter. (c) Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of
selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments,
arising from any statement or conduct by that person if both of the following conditions exist: (1) The statement or conduct consists of representations of fact about that person's or
a business competitor's business operations, goods, or services, that is made for the purpose of obtaining approval for,
promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or
the statement or conduct was made in the course of delivering the person' s goods or services. (2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or
otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or
within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding
before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue. (d) Subdivisions (b) and (c) do not apply to any of the following: (1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or
Section 1070 of the Evidence Code, or any person engaged in the dissemination of ideas or expression in any book or
academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public. (2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or
other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to,
a motion picture or television program, or an article published in a newspaper or magazine of general circulation. (3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or
local government grants, awards, programs, or reimbursements for services rendered. (e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to
this section, the appeal provisions in subdivision (j) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1
do not apply to that action or cause of action. |
