CEB has published my article, “Are Anti-SLAPP Orders Judgments?”
The article is about the anti-SLAPP judgment in Wastexperts, Inc. v. Arakelian Enters. (D2d4 Jul. 11, 2024 No. B325299) [pub. opn.]. After the court entered the anti-SLAPP judgment, the plaintiff where appealed from the anti-SLAPP order—not the judgment.
The defendant moved to dismiss the appeal because, while the anti-SLAPP grant was appealable, it could not be a judgment of dismissal because it did not satisfy the statutory requirements of a dismissal. (Code Civ. Proc., § 581d.)
But the court held that it had jurisdiction because “An order granting an anti-SLAPP motion as to the entire complaint is itself a judgment.”
This is a dubious proposition. And unfortunately, as the court published the opinion to highlight a note about attorney incivility, the dubious proposition is now citable authority. (Respondent has filed a petition for review, case no. S286515.)
The Original Article is here.