Section 425

Citation: Section 425
Parent Document: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction: California (state)
Effective Date: 2011-06-27
Original Source: https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

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The portion of the Mann decision that I have italicized captures what I believe is a critical point that should inform our interpretation of prong two of section 425.16. Section 425.16 was enacted to address the problem of SLAPP suits, i.e., suits that are designed to prevent citizens from exercising their political rights or to punish those who have done so. (Church of Scientology v. Wollersheim (1996) 42 Cal.App.4th 628, 645 [49 Cal.Rptr.2d 620], disapproved on other grounds in Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 68, fn. 5 [124 Cal.Rptr.2d 507, 52 P.3d 685].) The legislative history of the section makes this clear (see, e.g., Sen. Comi on Judiciary, Rep. on Sen. Bill No. 1264 (1991-1992 Reg. Sess.) Feb. 25, 1992, pp. 3-5), and as far as I can determine, every published case that has analyzed section 425.16 has described it as an anti-SLAPP statute. (See, e.g., Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 278 [46 Cal.Rptr.3d 638, 139 P.3d 30]; Lucky United Properties Investment, Inc. v. Lee (2010) 185 Cal.App.4th 125, 130 [110 Cal.Rptr.3d 159].) But one of the defining characteristics of a SLAPP suit is its lack of merit. As one of the early cases interpreting section 425.16 explained, “SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. [Citations.] Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. [Citation.] But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit, only to tie up the defendant’s resources for a sufficient length of time to accomplish plaintiff’s underlying objective. [Citation.] As long as the defendant is forced to devote its time, energy and financial *1218resources to combating the lawsuit its ability to combat the plaintiff in the political arena is substantially diminished. [Citations.] ...” (Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 816 [33 Cal.Rptr.2d 446], disapproved on other grounds in Equilon Enterprises v. Consumer Cause, Inc., supra, 29 Cal.4th at p. 68, fn. 5.)

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