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Analysis: Anti-Slapp Motions in Landlord Tenant Context

  C.C.P. section 425.16 allows for a special motion to strike “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 Constitution or the California Constitution in connection with a public issue.” (C.C.P. § 425.16, subd. (b)(1).) The court determines the merits of a SLAPP motion by undertaking a two-step analysis. First, the court decides whether the plaintiff’s cause of action arises from defendant’s protected activity. If the defendant fails to meet this threshold requirement, the SLAPP motion must be denied. If the trial court finds such a showing has been made, it must then determine whether the plaintiff demonstrated a probability of prevailing on the

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Posted in Anti- SLAPP, Commercial Real Estate, Leases, Litigation, Notice to Quit

What is an Anti-SLAPP Motion?

Contrary to the name, an anti-SLAPP motion is not a motion that has anything to do with slapping anyone.  SLAPP is an acronym for Strategic Lawsuit Against Public Participation.  An anti-SLAPP motion is a motion to strike lawsuits brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances.” (C.C.P. § 425.16.) This special motion to strike applies to any cause of action arising from an act in furtherance of a person’s free speech, or petition rights, or both under either the United States or California Constitutions.  (C.C.P. § 425.16(b)(1)(e).)  The general idea behind the anti-SLAPP statute is that you have the right not to be sued because you exercised your constitutional right to say

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Posted in Anti- SLAPP, Litigation

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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