California anti-SLAPP litigation
Anti-SLAPP strategy for speech, petitioning, and reputational disputes.
The Zorkin Firm advises clients confronting California anti-SLAPP issues in business and civil litigation, including disputes involving public statements, petitioning activity, litigation-related communications, business reputation, privilege, and attorney-fee exposure.
The framework
Protected activity and claim merit are analyzed at an early stage.
California Code of Civil Procedure section 425.16 creates a special motion to strike claims arising from certain protected speech or petitioning activity.
At a high level, the analysis asks whether the challenged claim arises from protected activity and, if so, whether the claimant can establish the legally required showing of merit. Mixed claims and multi-act causes of action require careful identification of the conduct supplying each element.
Read California Code of Civil Procedure § 425.16Map the claim to the acts
Identify the specific statements, filings, communications, or petitioning conduct that supply the elements of each claim.
Assess protection and exceptions
Evaluate protected categories, commercial-speech issues, public-interest exceptions, and related privileges.
Test admissible support
Analyze the evidentiary showing, legal sufficiency, causation, damages, and defenses relevant to claim merit.
Account for procedure
Consider discovery limitations, timing, appellate consequences, fee exposure, and the relationship to other motions.
Business context
Anti-SLAPP questions often arise inside broader commercial disputes.
The alleged speech may be only one part of a dispute involving contract rights, ownership, competition, litigation conduct, customer communications, regulatory complaints, or public-facing accusations.
Direct answers
Frequently asked questions.
These answers are general information, not legal advice. The analysis of a specific matter depends on its facts, law, forum, and objectives.
What is an anti-SLAPP motion in California?
An anti-SLAPP motion is a special motion to strike certain claims arising from protected speech or petitioning activity under California Code of Civil Procedure section 425.16. The analysis can address both the activity from which a claim arises and the claimant’s evidentiary and legal showing of merit.
Why do anti-SLAPP issues matter in business litigation?
Business disputes may involve demand letters, public statements, regulatory complaints, litigation communications, customer messaging, or allegations affecting reputation. Anti-SLAPP rules can change early motion practice, discovery, appeal timing, attorney-fee exposure, and settlement leverage.
Does filing an anti-SLAPP motion automatically end the case?
No. The result depends on the claims, acts, evidence, applicable exceptions, privileges, and procedural posture. Some claims may survive, some may be narrowed or stricken, and other claims may proceed independently.
Are attorney fees available in anti-SLAPP proceedings?
California’s anti-SLAPP statute includes fee-shifting provisions, but entitlement and amount depend on the result and applicable law. Fee exposure should be evaluated early from both sides of the dispute.
Contact The Zorkin Firm
Does the dispute require senior litigation judgment?
Contact the firm to discuss the parties, general nature of the matter, business objective, and next step. Do not send confidential information before an engagement is confirmed.