Can an Anti-SLAPP Motion Stop Property Claims in CA?

Question from Lawdee, Can an Anti-SLAPP Motion Stop Property Claims in CA?

Answer from AI:

In California, an anti-SLAPP motion can be a powerful tool to dismiss certain types of lawsuits early in the process. SLAPP stands for “Strategic Lawsuit Against Public Participation,” and these motions are designed to protect individuals from lawsuits that are intended to silence or intimidate them for exercising their free speech or petition rights.

Understanding Anti-SLAPP Motions

Anti-SLAPP laws in California are governed by the California Code of Civil Procedure Section 425.16. These laws allow defendants to file a special motion to strike a complaint if it arises from an act in furtherance of their right to free speech or petition in connection with a public issue.

When Can You Use an Anti-SLAPP Motion?

To determine if an anti-SLAPP motion is applicable to a property claim, consider the following:

• The claim must arise from an act in furtherance of the defendant’s right to free speech or petition.
• The act must be connected to a public issue or an issue of public interest.

If the property claim is not related to these rights, an anti-SLAPP motion may not be appropriate. For example, a straightforward property dispute over ownership or boundaries typically does not involve free speech or petition rights.

Steps to File an Anti-SLAPP Motion

If you believe an anti-SLAPP motion is appropriate, here are the general steps:

1. File the motion within 60 days of being served with the complaint, unless the court allows a later filing.
2. Demonstrate that the lawsuit arises from protected activity under the anti-SLAPP statute.
3. If the court finds the activity is protected, the burden shifts to the plaintiff to show a probability of prevailing on the claim.

Potential Outcomes

If successful, an anti-SLAPP motion can:

• Result in the dismissal of the lawsuit.
• Entitle the defendant to recover attorney’s fees and costs.

When to Seek Legal Advice

Given the complexity of anti-SLAPP motions and the specific legal standards involved, it is crucial to consult with a legal professional. An attorney can help determine if your case qualifies for an anti-SLAPP motion and guide you through the process.

For more detailed information, you can refer to the [California Code of Civil Procedure Section 425.16](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=425.16) and explore resources from the [California Courts Self-Help Guide](https://www.courts.ca.gov/selfhelp.htm).

Remember, while anti-SLAPP motions can be effective, they are not applicable to all types of claims, especially those that do not involve free speech or petition rights. Always seek personalized legal advice for your specific situation.