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“Are Anti-SLAPP Orders Judgments? ”

Tim Kowal     September 12, 2024

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.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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