California SLAPP Law

Apr 14 2024 34 ep. 25 mins 99
California SLAPP Law Podcast artwork

California's SLAPP Law was a great idea, but it can be a minefield for the uninformed lawyer or self-represented party. Aaron Morris, from the law firm of Morris and Stone, can guide you through that minefield and keep you current on the latest SLAPP law cases, anti-SLAPP motions and strategies, and the motions for attorney fees that follow.

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SLAPP034 – Are Calls to the Police Still Protected Speech?

Apr 14 2024 15 mins  
In Episode 34 of the California SLAPP Law Podcast, we examine the amendment to Civil Code section 47, which changed calls to the police from being absolutely privileged, to only conditionally privileged. Attorneys who sue for calls to the police, do so at their peril, as opposing counsel learned. And we are happy to report that Morris & Stone created a new legal precedent, hav

SLAPP033 – How to Defeat an anti-SLAPP Motion with Inadmissible Evidence

Sep 18 2022 20 mins  
In Episode 33 of the California SLAPP Law Podcast, we revisit the California Supreme Court decision of Sweetwater Union High School District v. Gilbane Building Co. Our client was sued by an attorney, and we had the action dismissed by way of an anti-SLAPP motion. The attorney appealed, and in his briefs, he never mentioned the Sweetwater holding, and we sure were not going to bri

SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases

Jun 20 2021 29 mins  
We begin Episode 32 with the discussion of how Morris & Stone just defeated an anti-SLAPP motion. I reveal the common (and fatal) mistake made by defense counsel when they pursue anti-SLAPP motions. And on the topic of mistakes, based on my prior article, we turn to the three cases that counsel almost always cite improperly when defending against an anti-SLAPP motion. Listen a

SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute

May 16 2021 18 mins  
In Episode 31, in addition to an anti-SLAPP case, we examine another example of how opposing counsel blew an opposition to our Motion for Summary Judgment, by being unaware of the procedure rules. The limit for the memorandum of points on a typical motion is 15 pages, but a motion for summary judgment is a big deal, so the rules graciously allow 20 pages for that type of motion. T

SLAPP030 – Is it Defamatory to Call Someone a “Crook?”

May 02 2021 20 mins  
Fun, fun, fun in the California sun at Morris & Stone. In just the past couple of weeks, we (1) Obtained a 3.9 million dollar defamation verdict for one client; (2) Got another client out of a 7 million dollar case on a motion for summary judgment, and (3) Were awarded our fees following a successful anti-SLAPP motion, even though the motion did not dispose of every cause of a

SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute?

Mar 21 2021 18 mins  
In episode 28, we discussed the attorney who sued his own client for malicious prosecution. The client had challenged the fees charged by the attorney by way of the informal fee arbitration process, and when he lost the attorney turned around and sued for malicious prosecution. Incredibly, the court denied our motion, so we had to take it up on appeal. The Court of Appeal agreed w

SLAPP028 – An Exception to the Absolute Police Report Privilege?

Mar 14 2021 21 mins  
Some of our anti-SLAPP cases are breaking new legal ground through some very interesting fact patterns. Penal Code section 11172 You are probably aware that certain professionals are required to report any child abuse situation of which they become aware. Penal Code section 11172 was created in order to afford those mandated reporters immunity against defamation claims potentially

SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion

Nov 11 2018 18 mins  
President Trump is never short on controversy, and said controversy leads to some interesting cases. In Episode 27 of the California SLAPP Law Podcast, we will discuss two Trump cases — one First Amendment and one anti-SLAPP — arising from the words and tweets of our sneerless leader. We’ll also discuss when a motion to dismiss can be a better option than an anti

SLAPP026 – Don’t Sue for Defamation Unless the Statements Really are False

Sep 16 2018 14 mins  
Canada, eh? Those hosers in Ontario didn’t get around to passing an anti-SLAPP statute until 2015, and they’re still trying to figure it out. In this episode of the California SLAPP Law Podcast, we travel to the great white north to examine an anti-SLAPP motion that was denied by the trial court, but granted by the appellate court. It beautifully illustrates the most f

SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress

Aug 26 2018 23 mins  
de Havilland v. FX Networks, LLC If you sell t-shirts bearing the images of the Three Stooges, can you be sued for violating their right of publicity? And if you create and broadcast an 8-part docudrama centering on Bette Davis and Joan Crawford, can Olivia de Havilland sue you for including the details of HER life in that story? Well, the just decided case of de Havilland v. FX N