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P1043 The SLAPP statute (CCP 425.16) does not apply to a cause of action arising from conduct that defendant concedes, or the evidence conclusively establishes, was illegal as a matter of law; this is a preliminary question to be determined before considering whether plaintiff can show the ability to make out a prima facie case; a lawyer's threats to instigate a criminal prosecution unless plaintiff paid his client were extortionate and not protected by the Constitution or SLAPP statute; statements that might be protected by the Litigation Privilege of Civil Code section 47 are not necessarily protected by the SLAPP statute.CitationFLATLEY v MAURO (Extortionate Speech) 39 C4 299 [See: CCP 425.16; PenC 518, 519; CivC 47; Paul for Council v Hanyecz 85 CA4 1356, T/AT 2/01; Navellier v Sletten 29 C4 82, T/AT 10/02; Flatley v Mauro 121 CA4 1523, P/AT 11/04]
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