Discovery Permitted in Public Records Act Litigation
In California, the Public Records Act allows citizens to request that the government produce documents relating to the operation of the government. When the government and the citizen have a […]
Law
SLAPP’d in Palos Verdes: the Intersection of Free Speech and HOA Law
A Strategic Lawsuit Against Public Participation or \”SLAPP\” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about […]
California Supreme Court Holds Personal Emails of Public Officials are \”Public Records”
The California Public Records Act has long been a tool for journalists and citizens to learn more about how public officials reach decision concerning public matters. With a simple letter, […]
Assertion of Advice of Counsel in a Malicious Prosecution Action
In a malicious prosecution action, the client who initiated the prior lawsuit has a unique defense available to him. He can assert “advice of counsel” and attempt to avoid liability. […]
Statements Made in HOA Recall Election Campaign are Subject to Anti-SLAPP Protection
A Strategic Lawsuit Against Public Participation or \”SLAPP\” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about […]
SLAPP’d in Orange County: Court of Appeal Confirms Right to Recover Post-Judgment Fees
California has an anti-SLAPP law that protects defendants from lawsuits brought to chill their First Amendment rights. The anti-SLAPP law, Code of Civil Procedure, section 425.16, provides \”for the early dismissal of […]
SLAPP’d in Corona: Anti-SLAPP Protection not Applicable to Claims against Homebuilder Shea Homes
This post is the latest in a series of posts about California’s anti-SLAPP law. California’s anti-SLAPP law (Code of Civil Procedure, section 425.16) protects defendants from lawsuits brought to chill their First […]
Celebrity SLAPP’d in Los Angeles: Lawsuit arising from American Idol Negotiations Reinstated
Court of Appeal reinstates lawsuit arising from American Idol contract negotiations.
SLAPP’d in San Bernardino: Public Defender’s Retaliation Lawsuit Deemed a SLAPP
Former public defender’s retaliation lawsuit deemed a SLAPP and dismissed.
The Intersection of Budget Cuts and Due Process
Due to budget constraints, the Los Angeles Superior Court no longer provides a court reporter for most law and motion matters. Instead, parties must prearrange and privately pay for a […]
Checking the Wrong Box Almost Ends Appeal Before it Starts
On Friday, the Third Appellate District in California issued an opinion in Ellis Law Group v. Nevada City Sugar Loaf Properties (Oct. 3, 2014 C072820). The appellate proceeding arose […]
Supreme Court Unanimously Prohibits Warrantless Searches of Cellphones
Today, the United States Supreme Court ruled unanimously that law enforcement may not search a cellphone absent a warrant or exigent circumstances. The vast majority of law enforcement searches occur […]