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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: Anthony@Pacific who wrote (75309)	3/17/2002 9:02:47 AM
From: Anthony@Pacific	Respond to of 122087

5. Conclusion Based on the above, the Court concludes that Section 425.16 applies to Plaintiffs' Complaint, and that no Plaintiff has established by competent evidence a probability that be will prevail on his claim. Accordingly, Rosenthal's motion will be granted, and Rosenthal will be awarded reasonable attorney's fees and costs according to proof. IT IS SO ORDERED. Dated: July 25, 2001 James A. Richman Judge of the Superior Court -------------------------------------------------------------------------------- FOOTNOTES: FN1. SLAPP is an acronym for "Strategic Lawsuits Against Public Participation." FN2. Subdivision (a) of Section 425.16, as amended, provides as follows: "The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of its constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly." FN3. Section 230(f)(2) defines "interactive computer service" as any information service system, or access software provider that provides or enables computer access by multiple user to a computer server..." Section 230(f)(3) defines "information content provider" as "any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service. Section 230(f)(4) defines "access software provider" as "a provider of software (including client or server software), or enabling tools that do any one or more of the following: (A) filter, screen, allow, or disallow content; (B) pick, choose, analyze, or digest content; or (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content."