Cal. Code of Civil Procedure
(a) The Legislature finds and declares that there has
been a disturbing increase in lawsuits brought primarily
to chill the valid exercise of the constitutional rights
of freedom of speech and petition for the redress of
grievances. The Legislature finds and declares that
it is in the public interest to encourage continued
participation in matters of public significance, and
that this participation should not be chilled through
abuse of the judicial process. To this end, this section
shall be construed broadly.
(b) (1) A cause of action against a person arising from
any act of that person in furtherance of the person's
right of petition or free speech under the United States
or California Constitution in connection with a public
issue shall be subject to a special motion to strike,
unless the court determines that the plaintiff has established
that there is a probability that the plaintiff will
prevail on the claim.
(2) In making its determination, the court shall consider
the pleadings, and supporting and opposing affidavits
stating the facts upon which the liability or defense
(3) If the court determines that the plaintiff has established
a probability that he or she will prevail on the claim,
neither that determination nor the fact of that determination
shall be admissible in evidence at any later stage of
the case, and no burden of proof or degree of proof
otherwise applicable shall be affected by that determination.
(c) In any action subject to subdivision (b), a prevailing
defendant on a special motion to strike shall be entitled
to recover his or her attorney's fees and costs. If
the court finds that a special motion to strike is frivolous
or is solely intended to cause unnecessary delay, the
court shall award costs and reasonable attorney's fees
to a plaintiff prevailing on the motion, pursuant to
(d) This section shall not apply to any enforcement
action brought in the name of the people of the State
of California by the Attorney General, district attorney,
or city attorney, acting as a public prosecutor.
(e) As used in this section, "act in furtherance
of a person's right of petition or free speech under
the United States or California Constitution in connection
with a public issue" includes:
(1) any written or oral statement or writing made before
a legislative, executive, or judicial proceeding, or
any other official proceeding authorized by law;
(2) any written or oral statement or writing made in
connection with an issue under consideration or review
by a legislative, executive, or judicial body, or any
other official proceeding authorized by law;
(3) any written or oral statement or writing made in
a place open to the public or a public forum in connection
with an issue of public interest;
(4) or any other conduct in furtherance of the exercise
of the constitutional right of petition or the constitutional
right of free speech in connection with a public issue
or an issue of public interest.
(f) The special motion may be filed within 60 days of
the service of the complaint or, in the court's discretion,
at any later time upon terms it deems proper. The motion
shall be noticed for hearing not more than 30 days after
service unless the docket conditions of the court require
a later hearing.
(g) All discovery proceedings in the action shall be
stayed upon the filing of a notice of motion made pursuant
to this section. The stay of discovery shall remain
in effect until notice of entry of the order ruling
on the motion. The court, on noticed motion and for
good cause shown, may order that specified discovery
be conducted notwithstanding this subdivision.
(h) For purposes of this section, "complaint"
includes "cross-complaint" and "petition,"
"plaintiff" includes "cross-complainant"
and "petitioner," and "defendant"
includes "cross-defendant" and "respondent."
(i) On or before January 1, 1998, the Judicial Council
shall report to the Legislature on the frequency and
outcome of special motions made pursuant to this section,
and on any other matters pertinent to the purposes of
(j) An order granting or denying a special motion to
strike shall be appealable under Section 904.1.
(k) (1) Any party who files a special motion to strike
pursuant to this section, and any party who files an
opposition to a special motion to strike, shall, promptly
upon so filing, transmit to the Judicial Council, by
e-mail or fax, a copy of the endorsed-filed caption
page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed
copy of any order issued pursuant to this section, including
any order granting or denying a special motion to strike,
discovery, or fees.
(2) The Judicial Council shall maintain a public record
of information transmitted pursuant to this subdivision
for at least three years, and may store the information
on microfilm or other appropriate electronic media.
[Effective October 10, 1999 (Bill Number: AB 1675) (Chapter
2003 REGULAR SESSION
CHAPTER 338 (Senate Bill No. 515)
2003 Cal ALS 338; 2003 Cal SB 515; Stats 2003 ch 338
Approved by Governor September 6, 2003. Filed with
Secretary of State September 8, 2003. Urgency legislation
is effective immediately, Non-urgency legislation will
become effective January 1, 2004
DIGEST: SB 515, Kuehl. Civil actions.
Existing law provides that a cause of action against
a person arising from any act of that person in furtherance
of the person's right of petition or free speech under
the United States or California Constitution in connection
with a public issue, as specified, is subject to a special
motion to strike, unless the court, after considering
the pleadings and supporting and opposing affidavits,
determines that there is a probability that the plaintiff
will prevail on the claim.
This bill would provide that certain actions are not
subject to a special motion to strike, as specified,
including, but not limited to, any action brought solely
in the public interest or on behalf of the general public,
if specified conditions exist. The bill would further
provide that related appeal provisions are not applicable
to these actions. The bill would also provide that its
provisions are severable, and would make specified findings
SYNOPSIS: An act to add Section 425.17 to the Code
of Civil Procedure, relating to civil actions.
NOTICE: [A> Uppercase text within these symbols
is added <A]
* * * indicates deleted text
TEXT: The people of the State of California do enact
[*1] SECTION 1. Section 425.17 is added to the Code
of Civil Procedure, to read:
Cal. Code of Civil Procedure § 425.17.
(a) The Legislature finds and declares that there has
been a disturbing abuse of Section 425.16, the California
Anti-SLAPP Law, which has undermined the exercise of
the constitutional rights of freedom of speech and petition
for the redress of grievances, contrary to the purpose
and intent of Section 425.16. The Legislature finds
and declares that it is in the public interest to encourage
continued participation in matters of public significance,
and that this participation should not be chilled through
abuse of the judicial process or Section 425.16.
(b) Section 425.16 does not apply to any action brought
solely in the public interest or on behalf of the general
public if all of the following conditions exist:
(1) The plaintiff does not seek any relief greater than
or different from the relief sought for the general
public or a class of which the plaintiff is a member.
A claim for attorney's fees, costs, or penalties does
not constitute greater or different relief for purposes
of this subdivision.
(2) The action, if successful, would enforce an important
right affecting the public interest, and would confer
a significant benefit, whether pecuniary or nonpecuniary,
on the general public or a large class of persons.
(3) Private enforcement is necessary and places a disproportionate
financial burden on the plaintiff in relation to the
plaintiff's stake in the matter.
(c) Section 425.16 does not apply to any cause of action
brought against a person primarily engaged in the business
of selling or leasing goods or services, including,
but not limited to, insurance, securities, or financial
instruments, arising from any statement or conduct by
that person if both of the following conditions exist:
(1) The statement or conduct consists of representations
of fact about that person's or a business competitor's
business operations, goods, or services, that is made
for the purpose of obtaining approval for, promoting,
or securing sales or leases of, or commercial transactions
in, the person's goods or services, or the statement
or conduct was made in the course of delivering the
person's goods or services.
(2) The intended audience is an actual or potential
buyer or customer, or a person likely to repeat the
statement to, or otherwise influence, an actual or potential
buyer or customer, or the statement or conduct arose
out of or within the context of a regulatory approval
process, proceeding, or investigation, except where
the statement or conduct was made by a telephone corporation
in the course of a proceeding before the California
Public Utilities Commission and is the subject of a
lawsuit brought by a competitor, notwithstanding that
the conduct or statement concerns an important public
(d) Subdivisions (b) and (c) do not apply to any of
(1) Any person enumerated in subdivision (b) of Section
2 of Article I of the California Constitution or Section
1070 of the Evidence Code, or any person engaged in
the dissemination of ideas or expression in any book
or academic journal, while engaged in the gathering,
receiving, or processing of information for communication
to the public.
(2) Any action against any person or entity based upon
the creation, dissemination, exhibition, advertisement,
or other similar promotion of any dramatic, literary,
musical, political, or artistic work, including, but
not limited to, a motion picture or television program,
or an article published in a newspaper or magazine of
(3) Any nonprofit organization that receives more than
50 percent of its annual revenues from federal, state,
or local government grants, awards, programs, or reimbursements
for services rendered.
(e) If any trial court denies a special motion to strike
on the grounds that the action or cause of action is
exempt pursuant to this section, the appeal provisions
in subdivision (j) of Section 425.16 and paragraph (13)
of subdivision (a) of Section 904.1 do not apply to
that action or cause of action.
[*2] SECTION 2. The provisions of this act are severable.
If any provision of this act or its application is held
invalid, that invalidity does not affect other provisions
or applications that can be given effect without the
invalid provision or application.
Cal. Code of Civil Procedure CCP § 916.
a) Except as provided in Sections 917.1 to 917.9, inclusive,
and in Section 116.810, the perfecting of an appeal
stays proceedings in the trial court upon the judgment
or order appealed from or upon the matters embraced
therein or affected thereby, including enforcement of
the judgment or order, but the trial court may proceed
upon any other matter embraced in the action and not
affected by the judgment or order.
b) When there is a stay of proceedings other than the
enforcement of the judgment, the trial court shall have
jurisdiction of proceedings related to the enforcement
of the judgment as well as any other matter embraced
in the action and not affected by the judgment or order