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Anti-SLAPP Motions & Appeals

California’s anti-SLAPP statute broadly protects the right to petition the government. It has become one of the most litigated statutes anywhere. A complaint subject to an anti-SLAPP motion can be dismissed before discovery commences, and an order granting or denying the motion is immediately appealable. An appeal automatically stays further trial court proceedings, so plaintiffs must carefully draft complaints to avoid immediate dismissal or appellate delays, and defendants must evaluate every new complaint to assess whether it potentially implicates the right to petition protected by the statute.

We have shaped California anti-SLAPP law by handling more than 50 anti-SLAPP appeals, including winning three anti-SLAPP cases in the California Supreme Court.  In addition to handling anti-SLAPP appeals, we also draft and oppose such motions in the superior court. We also frequently consult with trial counsel in preparing complaints that will evade the anti-SLAPP barrier, and with clients seeking to determine if the complaint they just received could be subject to dismissal by an anti-SLAPP motion.

On the national level, Horvitz & Levy has long been involved in efforts to pass a federal anti-SLAPP law.  The written testimony of H&L partner Jeremy Rosen in support of H.R. 2304, the SPEAK FREE Act, is now available online as part of the House report on the hearing held to discuss the bill. 

Contact Jeremy B. Rosen or Felix Shafir for more information about our anti-SLAPP practice.

Representative Wins

Representative Briefs

  • Malin v. Singer (2012)

    Appellants’ opening brief arguing that a pre-lawsuit demand letter on behalf of a client is protected by the First Amendment and the litigation privilege.

  • Henriks v. State Farm (2009)

    Respondent’s brief seeking affirmance of order granting anti-SLAPP motion in a lawsuit where plaintiff sought to hold insurer vicariously liable for allegedly improper actions taken by a private investigator hired by insurance defense counsel.

  • Lee v. Elghanayan (2008)

    Respondent’s brief seeking affirmance of our client’s successful anti-SLAPP motion in a lawsuit challenging the cancellation of a sub-lease resulting from an out-of-state arbitration award.