Anti-SLAPP Motions & Appeals

California’s anti-SLAPP statute broadly protects the right to petition the government. It has become one of the most litigated statutes anywhere. A complaint subject to an anti-SLAPP motion can be dismissed before discovery commences, and an order granting or denying the motion is immediately appealable. An appeal automatically stays further trial court proceedings, so plaintiffs must carefully draft complaints to avoid immediate dismissal or appellate delays, and defendants must evaluate every new complaint to assess whether it potentially implicates the right to petition protected by the statute.

We have won three recent anti-SLAPP cases in the California Supreme Court, and we have shaped California law in the process. Our attorneys handle numerous anti-SLAPP appeals, and we draft and oppose such motions in the superior court. We also frequently consult with trial counsel in preparing complaints that will evade the anti-SLAPP barrier, and with clients seeking to determine if the complaint they just received could be subject to dismissal by an anti-SLAPP motion.

Representative Wins

Representative Briefs

  • Lee v. Elghanayan (2008)
    Respondent’s brief seeking affirmance of our client’s successful anti-SLAPP motion in a lawsuit challenging the cancellation of a sub-lease resulting from an out-of-state arbitration award.
  • Laiwala v. Hynix Semiconductor America, Inc. (2008)
    Respondent’s brief seeking dismissal of plaintiff’s appeal from a demurrer and anti-SLAPP ruling as untimely because plaintiff had filed his notice of appeal within 60 days of the judgment, but more than 60 days after the grant of anti-SLAPP motion.
More than 50 years of specializing in civil appeals