By Joseph Gjonola (June 18, 2018, 4:04 PM EDT) -- In a recent opinion, Planned Parenthood Federation v. Center for Medical Progress,[1] filed May 16, 2018, the Ninth Circuit all but gutted California's anti-SLAPP procedure when it comes to motions filed in federal court. Anti-SLAPP is found in California's Code of Civil Procedure, Section 425.16[2] Federal courts have historically enforced the anti-SLAPP procedure in cases of diversity and pendent jurisdiction. But over the years various aspects of the procedure were found to be in direct conflict with the Federal Rules and set aside. The Ninth Circuit's most recent decision has effectively turned the anti-SLAPP motion into a hybrid of either a motion to dismiss or motion for summary judgment, depending on the challenges presented in the motion. As a result, defendants have lost the primary benefit of the anti-SLAPP process: the ability to force plaintiffs to demonstrate the total legal and factual merits of their claims. Now, plaintiffs need only respond to the specific challenges that defendants raise in the motion....