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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 425

Citation
Section 425
Parent Document
Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction
California (state)
Effective Date
2011-06-27

Other Sections in This Document (190)

Full Text

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Another reference in the legislative history may be instructive as well. Legislators were informed that the proposed anti-SLAPP law would be “similar [to] provisions in the law which are intended to screen out meritless cases at an early stage,” referring to punitive damages claims for medical malpractice (Code Civ. Proc., § 425.13), causes of action against attorneys for certain civil conspiracies with clients (Civ. Code, § 1714.10), and punitive damages claims against religious organizations (Code Civ. Proc., § 425.14). (Sen. Com. on Judiciary, Rep. on Sen. Bill No. 1264 (1991-1992 Reg. Sess.) Feb. 25, 1992, p. 5.) All of these statutes require the court to determine the merit of a particular basis for liability, not an entire count or lawsuit. (§§ 425.13, subd. (a), 425.14; Civ. Code, § 1714.10.)17