§Why CasetextPricing

Dewar vs. Boone

Motion to Strike

19 Cited authorities

  1. Equilon Enterprises, Llc. v. Consumer Cause, Inc.

    29 Cal.4th 53 (Cal. 2002)   Cited 1,817 times   1 Legal Analyses
    Holding that fee shifting under the Anti-SLAPP statute without a showing of the plaintiff's "intent to chill" free speech did not violate the Constitution or "inappropriately punish plaintiffs," especially given that a plaintiff is burdened by payment of attorney fees "only when the plaintiff burdens free speech with an unsubstantiated claim"

  2. Varian Medical Systems, Inc. v. Delfino

    35 Cal.4th 180 (Cal. 2005)   Cited 656 times   2 Legal Analyses
    Holding that "a proceeding affects the effectiveness of the appeal if the very purpose of the appeal is to avoid the need for that proceeding"

  3. Thing v. La Chusa

    48 Cal.3d 644 (Cal. 1989)   Cited 480 times   5 Legal Analyses
    Holding that "a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if, but only if, said plaintiff: is closely related to the injury victim; is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim; and as a result suffers serious emotional distress"

  4. Burgess v. Superior Court

    2 Cal.4th 1064 (Cal. 1992)   Cited 431 times
    Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

  5. Feldman v. 1100 Park Lane Associates

    160 Cal.App.4th 1467 (Cal. Ct. App. 2008)   Cited 236 times
    Holding that the filing of an unlawful detainer action and the posting of notices that are prerequisites to maintaining such an action are "indisputably" subject to anti-SLAPP protection

  6. Birkner v. Lam

    156 Cal.App.4th 275 (Cal. Ct. App. 2007)   Cited 175 times
    Holding that that the service of a termination notice was protected activity under the anti-SLAPP statute where the record demonstrated that the plaintiffs' "sole basis for liability" in each of the alleged causes of action "was the service of a termination notice, pursuant to Rent Ordinance, and [the defendant's] refusal to rescind it after [the plaintiffs] informed him that they constituted a protected household."

  7. Sylmar Air Conditioning v. Pueblo Contracting Services, Inc.

    122 Cal.App.4th 1049 (Cal. Ct. App. 2004)   Cited 158 times   1 Legal Analyses
    Rejecting plaintiff's argument that "an amendment of the complaint is qualitatively different than dismissal of the complaint and therefore it should not be treated similarly"

  8. Seelig v. Infinity Broadcasting Corp.

    97 Cal.App.4th 798 (Cal. Ct. App. 2002)   Cited 166 times   3 Legal Analyses
    Holding that "[t]he phrase big skank is not actionable because it is too vague to be capable of being proven true or false" and "the term skank constitutes rhetorical hyperbole which no listener could reasonably have interpreted to be a statement of actual fact"

  9. Roberts v. Los Angeles County Bar Assn.

    105 Cal.App.4th 604 (Cal. Ct. App. 2003)   Cited 161 times
    Deciding prong-two issue despite trial court's failure to reach it

  10. Hailstone v. Martinez

    169 Cal.App.4th 728 (Cal. Ct. App. 2008)   Cited 108 times
    Finding allegations that trustee of union health and welfare fund trust misappropriated money was issue of public interest