a. Standards for Reviewing SLAPP Motions
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a. Standards for Reviewing SLAPP Motions
The anti-SLAPP statute is aimed at curbing "lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances." (§ 425.16, subd. (a).) The statute safeguards statements made in connection with issues of public interest and "any other conduct in furtherance of the exercise" of the right to petition or the right of free speech. (§ 425.16, subd. (e).) The goal is to eliminate meritless litigation at an early stage of the proceeding. (Macias v. Hartwell (1997) 55 Cal.App.4th 669, 672.) An order granting a special motion to strike pursuant to section 425.16 is directly appealable. (§ 425.16, subd. (j).)
There are two components to a motion to strike brought under section 425.16. First, the defendant must make a threshold showing that the lawsuit arises from protected First Amendment activity. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.) Second, if the lawsuit affects protected speech, the court determines whether there is a reasonable probability that the plaintiff will prevail on the claim. (§ 425.16, subd. (b)(1); City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76; Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 238.). |
