PRETRIAL ADJUDICATION
...Motion to Strike
......Special Motion to Strike
.........Appeal
6 Cards On This Topic:
  • An appeal from the denial of a special motion to strike under CCP 425.16 effects an automatic stay of all trial court proceedings.
  • Interlocutory appeal dismissed because anti-SLAPP motion was denied where commercial speech exemption applied.
  • Law of the case prevented defendant from relitigating anti-SLAPP statute applicability to some of plaintiff's defamation claims on appeal.
  • Direct appeal provision in CCP 425.16(i) does not apply to CCP 425.16(d) exemption order—subdivision (d) order is not a ruling on the merits, but a determination that the entire anti-SLAPP procedure does not apply.
  • Trial court had jurisdiction to grant injunctive relief during pendency of appeal on motion to strike as injunction was not a decision on the merits and did not affect merits of the claim.
  • Malicious prosecution qualified for CCP 425.16 treatment where P showed probability of prevailing; perfection of appeal from denial of special motion to strike automatically stayed proceedings.