California SLAPP Law

California SLAPP Law

SLAPP034 – Are Calls to the Police Still Protected Speech?

April 14, 2024

In Episode 34 of the California SLAPP Law Podcast, we examine the amendment to Civil Code section 47, which changed calls to the police from being absolutely privileged, to only conditionally privileged. Attorneys who sue for calls to the police, do so at their peril, as opposing counsel learned.

And we are happy to report that Morris & Stone created a new legal precedent, having to do with what we have long referred to as “all-or-nothing” anti-SLAPP motions. In Baral v. Schnitt, the California Supreme Court held that individual allegations of protected speech can be stricken from a complaint. But what if a defendant brings an anti-SLAPP motion that asks only to strike the entire complaint? How should the court handle it, when the defendant then changes course, and asks in the reply brief for individual allegations to be stricken?

Listen to Episode 34 for the answer.

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