Melamed v. Cedars-Sinai Medical Center

Statements and conduct during a hospital’s peer review of a staff physician are protected under the Anti-SLAPP statute, and cannot be challenged by the physician unless he has successfully sought relief in court from the peer review’s conclusion. A hospital peer review proceeding to discipline a staff physician is an official proceeding.  Statements made and actions taken…

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes

A homeowner’s application to have a homeowner’s association enforce a tree-trimming covenant against his neighbor was protected activity under the Anti-SLAPP statute, and the neighbor’s quiet title claim had no chance of success after the homeowner withdrew the application thus removing any cloud on the neighbor’s title.  Neighbor A filed a quiet title action against…

Doe v. State of California

Trial court properly granted Anti-SLAPP motion filed by State of California in lawsuit brought by individual who was claiming the State threatened him with arrest or prosecution if he failed to register as a sex offender.  The State of California, like other public entities, may bring an Anti-SLAPP motion.  Here, plaintiff sued the state and…

Daniel v. Wayans

Anti-SLAPP motion to strike plaintiff actor’s complaint was properly granted in favor of defendant actor-director with respect to racial discrimination claims alleging defendant had called plaintiff the N-word on set.  In this 2-1 decision, the court affirms the grant of an Anti-SLAPP motion to strike a complaint by a black actor against the black actor-director…

Safari Club Int’l v. Rudolph

Defendant’s Anti-SLAPP motion was properly denied when he was sued for secretly tape recording, and later publishing, a conversation that took place over dinner at a restaurant with plaintiff’s president, because even though this was protected activity, plaintiff showed a probability of success on its claims for, among other things, invasion of privacy.  The district…

Schwern v. Plunkett

Based on a recently-enacted Oregon statute requiring courts to enter a limited, immediately appealable judgment when denying an Anti-SLAPP motion, the Ninth Circuit now has jurisdiction to consider appeals from orders denying Anti-SLAPP motions under Oregon law.  Shortly after the 9th Circuit’s decision in Englert v. MacDonell (9th Cir. 2009) 551 F.3d 1099, the Oregon…

Healthsmart Pacific, Inc. v. Kabateck

Statements an attorney made to news media about a suit he filed on behalf of a client were protected speech under the Anti-SLAPP statute because the lawsuit and the attorney’s statements about it involved matters of public interest such as the allegation that the defendants in that suit had implanted phony spinal implants in thousands…

Barry v. State Bar of California

Even if the trial court lacks subject matter jurisdiction, it may grant the defendant’s special Anti-SLAPP motion to strike und award the defendant attorney fees, since lack of jurisdiction is one of many possible non-merits-related reasons for holding, at the second stage of the Anti-SLAPP analysis, that the plaintiff has not shown a probability of…

Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

An anti-SLAPP motion is untimely if not filed within 60 days of service of the first complaint that pleads a cause of action coming within anti-SLAPP protection, unless the trial court—in its discretion and upon terms it deems proper—permits the motion to be filed at a later time.  Under CCP 425.16(f), an Anti-SLAPP motion to…

Dual Diagnosis Treatment Center, Inc. v. Buschel

An Anti-SLAPP motion was properly denied because the allegedly false accusation that plaintiff operated a single treatment facility without a required state license was not a matter of public concern and so was not protected speech.  The trial court correctly denied defendant’s Anti-SLAPP motion in this defamation suit which plaintiff brought after defendant published an…

Lee v. Silveira

Discussions and votes of board members at HOA board meetings are protected free speech under California’s Anti-SLAPP statute, so a suit based on that conduct should have been stricken.  This decision reverses an order denying an Anti-SLAPP motion to strike a declaratory relief complaint brought by three members of a townhouse owners association against the…

Wilson v. Cable News Network, Inc.

The trial court erred in granting a defendant news organization’s Anti-SLAPP motion in an employment discrimination and retaliation lawsuit, since the challenged conduct involved allegedly wrongful adverse employment actions rather than the production or content of defendant’s news programs.  In this 2-1 decision, the court follows Nam v. Regents of University of California (2016) 1…