P1197 An amendment to the SLAPP statute defining SLAPPbacks and excepting SLAPP motions made in SLAPPbacks from the mandatory fee award provisions of the SLAPP statute applies to matters in which appeals were pending when the amendment went into effect; an appellate court's order requiring a trial court to grant a SLAPP motion is the law of the case and prevents relitigation of the SLAPP motion; although filing an action based upon statements made to The State Bar violates a provision of the Business and Professions Code, it does not prevent the party who filed it from making a SLAPP motion in a subsequent SLAPPback based on dismissal of that action.CitationHUTTON v HAFIF (SLAPPback) 150 CA4 527 [See: CCP 425.16, 425.18; Soukup v Hafif 39 C4 260, P/AT 9/06; Flatley v Mauro 39 C4 299, P/AT 11/06]
|
|