California Courts of Appeal,
California Supreme Court,
Civil Litigation
Sep. 6, 2017
Gravamen theory in anti-SLAPP
Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.
4th Appellate District, Division 3
Thomas A. Delaney
Associate Justice
Loyola Law School
Justice Thomas A. Delaney serves on the 4th District Court of Appeal, Division 2.
The California anti-SLAPP statute (Code of Civil Procedure Section 425.16) has been a hotbed of litigation for years. And to no surprise. Not only have the courts continued to expand the reach of the statute, consistent with the statutory mandate that it be "construed broadly," but it remains a powerful litigation tool with its stay of discovery, recovery of attorney fees and costs, and immediate right to appeal. This may explain why the bench and bar alike react with...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In