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When They Don’t Clap for Anti-SLAPP
California Trusts and Estates Quarterly - Volume 28, Issue 1 (2022)
Credit(s):
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
A “Strategic Lawsuit Against Public Participation,” or “SLAPP” suit, is a court filing complaining of injury arising from court petitioning or free speech activity. A SLAPP suit is controversial. Its intent often is to intimidate perceived adversaries by burdening them with the expense of a legal defense until they are silenced.1 Critics of SLAPP suits cheered when California Code of Civil Procedure section 425.16 was enacted in 1992. Section 425.16 allows a special motion to strike a SLAPP suit. A section 425.16 special motion to strike, called an “anti-SLAPP” motion, is a powerful tool that litigators can wield against SLAPP suits.
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
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