The inaugural episode of California Appellate Law Podcast discusses California's anti-SLAPP law, Code of Civil Procedure section 425.16 and several key decisions by the California Court of Appeal and the California Supreme Court. In 1992, California enacted Code of Civil Procedure section 425.16 which provides a mechanism for quickly dismissing frivolous lawsuits and awarding attorney’s fees to the defendant. The law applies to lawsuits that arise from free speech or petitioning activity, such as filing a lawsuit.
Appellate Specialist Jeff Lewis' biography and background.
Appellate Specialist Tim Kowal's biography and background.
California Supreme Court Cases on “Prong One” of the Anti-SLAPP Analysis:
City of Cotati v. Cashman (2002) 29 Cal.4th 69.
Park v. Board of Trustees (2017) 2 Cal.5th 1057.
Wilson v. CNN (2019) 7 Cal.5th 871.
Recent Cases on “Prong Two” of the Anti-SLAPP Analysis:
Gruber v. Gruber (2020) 48 Cal.App.5th 529.
Standard General v. Charney (Cal. Ct. App., May 4, 2020, No. B294313) [unpublished].
Recent Cases on “Prong One” of the Anti-SLAPP Analysis:
South Coast Property Services, Inc. v. Caelus (Cal. Ct. App., May 6, 2020, No. G057785) [unpublished].
Gotterba v. Travolta (2014) 228 Cal.App.4th 35
Recent Case on Anti-SLAPP Applied to a Federal Claim:
Patel v. Chavez (2020) 48 Cal.App.5th 484.
Hilton v. Hallmark Cards, 599 F.3d 894, 901 (9th Cir. 2010).
Other Cases Mentioned:
Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180.
Dowling v. Zimmerman 85 Cal.App.4th 1400.
Westreich v. Higa (Cal. Ct. App., May 5, 200, No. B293726) [unpublished].
Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.
