Trusts and Estates
Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 1
Content
- 2021 Legislation: New Laws That Trusts and Estates Practitioners Should Know
- Chairs of Section Subcommittees
- Editorial Board
- From the Chair
- From the Editor-in-chief
- Inside this Issue:
- Life Settlements—the Hidden Tool To Unlock, Preserve and Rescue Value In the Estate Plan
- Litigation Alert
- Tax Alert
- Tips of the Trade: Succession Planning: the Importance of Staying In Control
- When They Don't Clap For Anti-slapp
WHEN THEY DON’T CLAP FOR ANTI-SLAPP
By Ryan J. Szczepanik* and Ciarán O’Sullivan, Esq.**
MCLE Article
I. SYNOPSIS
A "Strategic Lawsuit Against Public Participation," or "SLAPP" suit, is a court filing complaining of injury arising from court petitioning or free speech activity. A SLAPP suit is controversial. Its intent often is to intimidate perceived adversaries by burdening them with the expense of a legal defense until they are silenced.1 Critics of SLAPP suits cheered when California Code of Civil Procedure section 425.16 was enacted in 1992. Section 425.16 allows a special motion to strike a SLAPP suit. A section 425.16 special motion to strike, called an "anti-SLAPP" motion, is a powerful tool that litigators can wield against SLAPP suits.