How Calif.'s Anti-SLAPP Law Affects Amended Complaints

By Felix Shafir and Jeremy Rosen (November 8, 2017, 6:50 PM EST) -- As noted by the California courts of appeal, "Under California's anti-SLAPP statute, a defendant may bring a special motion to strike a cause of action arising from constitutionally protected speech or petitioning activity."[1] According to the court in Varian Medical Systems v. Delfino, this law "establishes a procedure where the trial court evaluates the merits of the lawsuit using a summary judgment-like procedure at an early stage of the litigation."[2]

The anti-SLAPP law, however, "is a complex statute" and its "complexities" have "spawned a 'plethora of appellate litigation.'"[3] Below, we examine two of the complex subjects implicated by the anti-SLAPP statute —...

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