California Civil Procedure Code section 425.16 is known as the Anti-SLAPP (Strategic Litigation Against Public Participation) statute. This Anti-SLAPP statute provides in pertinent part that a “cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” Significantly, the Anti-SLAPP law generally provides that a prevailing defendant on a special motion to strike or Anti-SLAPP motion shall be entitled to recover his or her attorney's fees and costs.
The Law Offices of Gerald S. Ohn, APC represents plaintiffs and defendants in Anti-SLAPP litigation. If you are a defendant or an attorney representing a defendant who has been sued for conduct arising out of defendant’s conduct in furtherance of the right of petition or free speech, it is imperative you retain counsel qualified and knowledgeable in this burgeoning area of the law to represent your interests. If you are a plaintiff or plaintiff’s counsel who has sued a defendant who responds with an Anti-SLAPP motion, it is critical you immediately engage experienced Anti-SLAPP counsel to oppose any such motion.RECENT RESULTS
When a union member's medical records were mailed, during a union election campaign, to thousands of his coworkers by a union employee, he turned to the Law Offices of Gerald S. Ohn to seek justice on his behalf. Utilizing cutting edge, aggressive and efficient litigation tactics for the union member plaintiff, the Law Offices of Gerald S. Ohn defeated the union employee defendant's Anti-SLAPP motion after obtaining leave of Court to take her deposition, obtain documents and subpoena third party records. The case settled on highly favorable terms for both monetary and injunctive relief for the client plaintiff of the Law Offices of Gerald S. Ohn shortly thereafter.
When an individual was sued in connection with a contract dispute, he turned to the Law Offices of Gerald S. Ohn to fight for his rights. The Law Offices of Gerald S. Ohn promptly filed an extensive Anti-SLAPP motion with a demurrer and motion to strike punitive damages on behalf of its defendant client. Rather than oppose, the plaintiff entered into a highly favor settlement that resulted in a dismissal of the case in its entirety and a monetary payment to the individual defendant represented by the Law Offices of Gerald S. Ohn.