PODCAST · education
California SLAPP Law
by Aaron Morris: Anti-SLAPP Attorney
Anti-SLAPP Motions and SLAPP-back Actions
Episodes
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SLAPP035 – Understanding the Public Interest Requirement
In Episode 35 of the California SLAPP Law Podcast, we take a deep dive into what constitutes a matter of public interest under the anti-SLAPP statute. It is apparent from the motions we are defeating that counsel is sorely lacking an understanding of this important point. As was held in the…
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SLAPP034 – Are Calls to the Police Still Protected Speech?
In Episode 34 of the California SLAPP Law Podcast, we examine the amendment to Civil Code section 47, which changed calls to the police from being absolutely privileged, to only conditionally privileged. Attorneys who sue for calls to the police, do so at their peril, as opposing counsel learned....
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SLAPP033 – How to Defeat an anti-SLAPP Motion with Inadmissible Evidence
In Episode 33 of the California SLAPP Law Podcast, we revisit the California Supreme Court decision of Sweetwater Union High School District v. Gilbane Building Co. Our client was sued by an attorney, and we had the action dismissed by way of an anti-SLAPP motion. The attorney appealed, and in…
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SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases
We begin Episode 32 with the discussion of how Morris & Stone just defeated an anti-SLAPP motion. I reveal the common (and fatal) mistake made by defense counsel when they pursue anti-SLAPP motions. And on the topic of mistakes, based on my prior article, we turn to the three cases that counsel...
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SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute
In Episode 31, in addition to an anti-SLAPP case, we examine another example of how opposing counsel blew an opposition to our Motion for Summary Judgment, by being unaware of the procedure rules. The limit for the memorandum of points on a typical motion is 15 pages, but a motion for summary...
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SLAPP030 – Is it Defamatory to Call Someone a “Crook?”
Fun, fun, fun in the California sun at Morris & Stone. In just the past couple of weeks, we (1) Obtained a 3.9 million dollar defamation verdict for one client; (2) Got another client out of a 7 million dollar case on a motion for summary judgment, and (3) Were awarded our fees following a...
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SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute?
In episode 28, we discussed the attorney who sued his own client for malicious prosecution. The client had challenged the fees charged by the attorney by way of the informal fee arbitration process, and when he lost the attorney turned around and sued for malicious prosecution. Incredibly, the...
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SLAPP028 – An Exception to the Absolute Police Report Privilege?
Some of our anti-SLAPP cases are breaking new legal ground through some very interesting fact patterns. Penal Code section 11172 You are probably aware that certain professionals are required to report any child abuse situation of which they become aware. Penal Code section 11172 was created in...
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SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion
President Trump is never short on controversy, and said controversy leads to some interesting cases. In Episode 27 of the California SLAPP Law Podcast, we will discuss two Trump cases — one First Amendment and one anti-SLAPP — arising from the words and tweets of our sneerless leader. We’ll also...
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SLAPP026 – Don’t Sue for Defamation Unless the Statements Really are False
Canada, eh? Those hosers in Ontario didn’t get around to passing an anti-SLAPP statute until 2015, and they’re still trying to figure it out. In this episode of the California SLAPP Law Podcast, we travel to the great white north to examine an anti-SLAPP motion that was denied by the trial court,...
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SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress
de Havilland v. FX Networks, LLC If you sell t-shirts bearing the images of the Three Stooges, can you be sued for violating their right of publicity? And if you create and broadcast an 8-part docudrama centering on Bette Davis and Joan Crawford, can Olivia de Havilland sue you for including the...
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SLAPP024 – Supreme Court Clarifies Whether Amended Complaint Resets 60-Day Clock for Anti-SLAPP Motion
In Episode 24 of the California SLAPP Law Podcast, we tackle two important anti-SLAPP issues. Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism The conventional wisdom until now, as expressed in cases such as Yu v. Signet Bank/Virginia, was that an amended complaint creates an new...
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SLAPP023 – Privileged Speech Can Survive Anti-SLAPP Motions
In Episode 23 of the California SLAPP Law Podcast, we examine two cases that consider how privileged speech should be viewed during the two-prong anti-SLAPP analysis. As you will hear, the fact that the speech was privileged does not mean it automatically falls under the anti-SLAPP statute.…
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SLAPP022 – Abuse of Process Claims and Anti-SLAPP Motions
Hooray for Hollywood! In Episode 22 of the California SLAPP Law Podcast, we discuss four cases involving the film industry that have all resulted in anti-SLAPP motions. We also dive deep into abuse of process claims, and determine if such claims can ever survive an anti-SLAPP motion. And in the...
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SLAPP021 – Anti-SLAPP Motions Against Mixed Causes of Action
We discuss the very important case of Baral v. Schnitt, in which the California Supreme Court finally dealt with the split of authorities regarding how to deal with complaints with mixed causes of action; those that contain allegations of both protected and unprotected activities. This is…
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SLAPP020 – Sixth District Weighs in on Admissibility of Yelp Reviews and the Law on Inferences
In Episode 20 of the California SLAPP Law Podcast, we discuss important Evidence Codes, and my VINDICATION by the California Court of Appeal. The vindication comes in the form of a published opinion from the Sixth District Court of Appeal. I was brought in as co-counsel to first chair an internet...
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SLAPP019 – Five Best Published Anti-SLAPP Decisions (so far) in 2016
On Episode 19 of the California SLAPP Law Podcast, we go through my five favorite reported anti-SLAPP decisions from the first half of 2016. But first we begin with a cautionary tale of an attorney who is being sued for malpractice for failing to have me review his complaint before it was filed!...
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SLAPP018 – All You Need to Know About Anti-SLAPP Motions in Federal Court
In episode 18 of the California SLAPP Law Podcast, I discuss an anti-SLAPP motion I decided NOT to pursue, and why. We discuss the case of Weinberg v. Feisel (2003) 110 Cal.App.4th 1122. Then we dive deep into the pros, cons, and frustrations of bringing anti-SLAPP motions in Federal Court. Since...
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SLAPP017 – An Introduction to California SLAPP Law and Anti-SLAPP Motions
In Episode 17 of the California SLAPP Law Podcast, we go back to basics, with an introduction to the fundamental concepts behind California’s SLAPP Law and anti-SLAPP motions. The good news is that although it took some 25 years for attorneys to begin recognizing the impact of California’s...
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SLAPP016 – Appealing a Ruling on an Anti-SLAPP Motion
In Episode 16 of the California SLAPP Law Podcast, we discuss (1) when you can join with another defendant’s anti-SLAPP motion, and whether it is a good strategy to do so; (2) what the Courts of Appeal are doing to deal with all the appeals from anti-SLAPP motions; and (3) likely changes to the...
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SLAPP015 – It’s Never Too Late to File an Anti-SLAPP Motion
In Episode 15 of the California SLAPP Law Podcast, we discuss (1) the perils of overreaching in your anti-SLAPP motions (making iffy challenges to causes of action can come back to bite you, even if you win), and (2) why you should NEVER assume it’s too late to bring an anti-SLAPP motion , and…
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SLAPP014 – Interaction Between the Communications Decency Act and Anti-SLAPP Motions
In Episode 14 of the California SLAPP Law Podcast, we begin with a discussion of the interplay between anti-SLAPP motions and the Communications Decency Act. The topic came up because of another anti-SLAPP victory we enjoyed this week at Morris & Stone. The anti-SLAPP motion we brought on behalf…
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SLAPP013 – Bench Warrant Arrest Not Protected Activity under Anti-SLAPP Statute
In Episode 13 of the California SLAPP Law podcast (should I have skipped 13, like they do in buildings?), we cover a lot of information that will be useful to any litigator. Although not directly related to SLAPP law and anti-SLAPP motions, I discuss how and when to bring the various trial…
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SLAPP012 – Three Ways to Bring an Anti-SLAPP Motion Against an Ambiguous Complaint
Sometimes you just know that a SLAPP is hiding in the complaint, but the complaint is so ambiguous that the SLAPP allegations are unclear. What to do? In this episode, I tell you how to file an anti-SLAPP motion against an ambiguous complaint, which sometimes involves first beating it into shape.…
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SLAPP011 – Six Tips to Win Your Motion for Attorney Fees Following an Anti-SLAPP Motion
In Episode 11 of the California SLAPP Law Podcast, I provide you with six tips to win your attorney fee motions following a successful anti-SLAPP motion. There are so many unscrupulous attorneys who inflate their fee applications, that some judges feel the need to reduce the fees requested on any...
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SLAPP010 – Travolta and Yelp Anti-SLAPP Motions
In this week’s podcast, we look at two unsuccessful anti-SLAPP motions that were decided this week, and examine where the attorneys went wrong. Yelp continues to get into mischief. In Episode 4 of the California SLAPP Law Podcast, we discussed the case of Yelp v. McMillan Law Group, wherein Yelp…
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SLAPP009 – Scope of Discovery after Anti-SLAPP Motion
It was a great anti-SLAPP week at Morris & Stone. Today we discuss two of our motions, and the result of last week’s Evil Yogurt Maker case. We will examine the scope of discovery following the filing of an anti-SLAPP motion, and apply those standards to a pending motion. Specifically, I discuss...
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SLAPP008 – An Anti-SLAPP Motion Against an Evil Yogurt Shop
A client found me while searching for information about California Code of Civil Procedure section 425.17, proving that clients do some very sophisticated research on their legal issues. Changing the facts to protect the privacy of my client, he had warned the public about an evil yogurt maker…
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SLAPP007 – Proving Actual Malice in a Defamation Action – Makaeff v. Trump University
A great anti-SLAPP decision that has been five years in the making. In this podcast, we discuss the case of Makaeff v. Trump University, which contains an outstanding discussion of limited public figures and meeting the standard for showing actual malice. Here are the facts: Between August 2008…
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SLAPP006 – CalPERS v. Moody’s – Is an Opinion Always Protected Speech Under the Anti-SLAPP Statute?
With the wisdom of a penny-stock investor trying out day-trading for the first time, the brilliant financial minds at CalPERS (California Public Employees’ Retirement System) decided to dump more than a billion dollars into three “structured investment vehicles” or SIVs, backed by subprime...
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SLAPP005 – Anti-SLAPP Decisions for First Quarter of 2014
We’re not even done with the fifth month of 2014, and California already has 12 reported decisions arising from anti-SLAPP appeals. In the 5th Episode of the California SLAPP Law Podcast, we discuss four anti-SLAPP decisions. Anti-SLAPP Decisions: MORIARTY v. LARAMAR MANAGEMENT CORPORATION (2014)...
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SLAPP004 – Anti-SLAPP Motion: Yelp v. McMillan Law Group
In this 4th episode of the California SLAPP Law Podcast, I discuss the truly strange legal action brought by Yelp against one of its former customers, the McMillan Law Group. In its complaint, Yelp alleges that it works to maintain the purity of the reviews posted on Yelp.com, and that the…
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SLAPP003 – Anti-SLAPP Procedures and Strategies
A lot of useful information in today’s show, if I do say so myself. We discuss anti-SLAPP procedures and strategies, and what you need to know about the 60 and 30 day deadlines for anti-SLAPP motions, and an easy and efficient way to protect your anti-SLAPP motion if the court clerk won’t set the...
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SLAPP002 – Can Claims Against Lawyers Be Defeated with an Anti-SLAPP Motion?
In the last episode of the California SLAPP Law Podcast, I explained how crucial it is for every California litigator to understand this sweeping area of the law. There is virtually no litigation practice that won’t be impacted by the anti-SLAPP statutes. If that was not persuasive enough, let me...
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SLAPP001 – Why Every Litigator Must Know California SLAPP Law
California’s SLAPP Law provides for the use of special motions to strike, called “anti-SLAPP motions,” to quickly dispose of lawsuits that were filed only to improperly silence free speech or to prevent the defendant from pursuing a lawful legal remedy. But as one person put it, the 15…
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ABOUT THIS SHOW
Anti-SLAPP Motions and SLAPP-back Actions
HOSTED BY
Aaron Morris: Anti-SLAPP Attorney
CATEGORIES
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Frequently Asked Questions
How many episodes does California SLAPP Law have?
California SLAPP Law currently has 35 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is California SLAPP Law about?
Anti-SLAPP Motions and SLAPP-back Actions
How often does California SLAPP Law release new episodes?
California SLAPP Law has 35 episodes. Check the episode list to see recent publication dates and frequency.
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You can listen to California SLAPP Law on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts California SLAPP Law?
California SLAPP Law is created and hosted by Aaron Morris: Anti-SLAPP Attorney.
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