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Matthew Bender (R) Practice Guide: California Pretrial Civil Procedure
Kiesel, Lichtman, Matthai, Seabolt
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-13 MB Practice Guide: CA Pretrial Civil Procedure 13.syn


Anti-SLAPP Motions


Paul R. Kiesel;Peter D. Lichtman;Edith R. Matthai;Richard L. Seabolt

Chapter Summary


The special motion to strike under CCP § 425.16 is available to a defendant to a lawsuit filed primarily to chill the defendant's exercise of First Amendment Rights. This is known as a "SLAPP" (Strategic Litigation Against Public Participation) suit.

The court applies a two-part test to determine whether a special motion to strike should be granted: (1) The movant/defendant must first make a prima facie showing that the action is a SLAPP suit subject to a motion to strike; and (2) If the action is subject to CCP § 425.16, the burden shifts to the plaintiff to establish the probability of prevailing on the complaint.

This chapter provides objectives, strategies and procedures for bringing and opposing anti-SLAPP motions to strike. The chapter also discusses the procedures for reviewing the grant or denial of an anti-SLAPP motion to strike.

Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) covers all of the major pretrial procedures for a civil case, from the initial client interview and identification of parties, to preparing a complaint and filing responses, to ending the case before trial. This publication also provides guidance for finding pertinent online information, cross-references to additional relevant content, and forms. The numerous practice tips, searches and checklists will help the attorney keep track of important procedures or deadlines.


California pretrial civil procedure,California civil procedure,special motion to strike in California,First Amendment Rights,SLAPP,Strategic Litigation Against Public Participation,anti-SLAPP motions in California,anti-SLAPP motions to strike in California


For further discussion of topics related to SLAPP motions, see Ch. 11, Demurrers and Motions for Judgment on the Pleadings; Ch. 12, Motions to Strike; and Ch. 38, Summary Judgment.


For further discussion and forms concerning Anti-SLAPP motions, see California Forms of Pleading and Practice, Ch. 376, Motions to Strike: Anti-SLAPP (Matthew Bender).

For further memoranda of points and authorities relating to Anti-SLAPP motions, see California Points and Authorities, Ch. 160, Motions to Strike (Matthew Bender).

For discussion of motion practice generally, see California Forms of Pleading and Practice, Ch. 372, Motions and Orders.

See Matthew Bender(R) Practice Guide: California Civil Discovery (Matthew Bender) for expert guidance on handling discovery requests and responses, including: interrogatories, requests for admissions, requests for inspection of documents or things, depositions, physical and mental examinations, and exchange of expert information.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial; jury selection; and motions and objections relating to direct and cross-examination.
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