| California law |
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| Constitution |
| Codes |
| Note: There are 29 California codes. |
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The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs).[1] They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue.[2] If the moving party prevails, they are entitled to attorney's fees by right. The motion is codified in section 425.16 of the Code. More than 300 published court opinions have interpreted and applied California's anti-SLAPP law.[3] Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction.[4]
The statute expressly applies to any writing or speech made in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, but there is no requirement that the writing or speech be promulgated directly to the official body. It also applies to speech in a public forum about an issue of public interest and to any other petition or speech conduct about an issue of public interest.[5]
- ^ Cal. Code of Civil Procedure § 425.16
- ^ Kashian v. Harriman, 98 Cal.App.4th 892, 906 (2002).
- ^ "Cases Involving the California Anti-SLAPP Law". California Anti-SLAPP Project. 10 March 2011. Retrieved June 29, 2011.
- ^ Batzel v. Smith, 333 F.3d 1018, 1025 (9th Cir. 2003).
- ^ Cal. Code of Civil Procedure § 425.16