Anti-SLAPP: Must Bring Motion Within 60 Days of Earliest Complaint

  The California Supreme Court holds that under Code of Civil Procedure section 425.16 (the anti-SLAPP statute) a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains a cause of action to which it is directed, unless the court grants discretionary relief and permits late filing under subdivision (f). (Newport Harbor Ventures LLC v. Morris Cerullo World Evangelism.)

Anti-SLAPP Statute Applies to Probate Petitions That May Constitute a Contest

  The Second Appellate District in Urick v. Urick holds that the plain language of the anti-SLAPP statute (Code of Civil Procedure section 425.16) requires that it be applied to probate court petitions, including ones that may be a contest under Probate Code section 21310 et seq. Continue reading

Employer’s Malicious Prosecution Claim Subject to Anti-SLAPP

  Unemployment Insurance Code section 1960 provides that any finding, judgment, or final order of the Unemployment Insurance Appeals Board shall not be used as evidence in any separate or subsequent action or proceeding between an employee and present or prior employer.

  In  Kurz v. Syrus Systems the Court of Appeals held that section 1960 operated as a bar to the maintenance of a cause of action for malicious prosecution in a cross-complaint Kurz’s prior employer asserted against Kurz. The offending cause of action alleged that Kurz had maliciously prosecuted a meritless claim for unemployment insurance benefits that terminated in Syrus’s favor when the claim was denied and the denial was upheld on appeal by a decision of the Board. Continue reading

Bright Line Extortion Exception to Anti-SLAPP Statute

iStock_000004954568XSmall  The Second Appellate District adopts a bright line exception to the anti-SLAPP statute pursuant to the Supreme Court opinion in Flatley v. Muro: The statute does not apply to any litigation communications which constitute criminal extortion as a matter of law. Continue reading