California Appellate Law Blog

California Appellate Law Blog

News and Insights about Appellate Law

Category Archives: Appellate Procedure

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California’s Anti-SLAPP Statute Untangled

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action context. For over a decade, the appellate courts have disagreed as to how a plaintiff can satisfy the reasonable probability of… Continue Reading

Prevailing Party Costs Under CCP Section 1032

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs under Code of Civil Procedure section 1032. DeSaulles v. Community Hospital of the Monterey Peninsula 2016 Cal LEXIS 1281. Most often, parties reaching settlement will dispose of any costs… Continue Reading

High Court Reviews Protected Activity Under SLAPP Statute

Posted in Appellate Practice, Appellate Procedure, Civil Procedure, Recent Decisions
In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is whether the SLAPP statute, Code of Civil Procedure section 425.16, “authorize[s] a court to strike a cause of action in which the plaintiff… Continue Reading

SLAPP Statute and the Mixed Cause of Action

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
The California Supreme Court is reviewing the mixed cause of action conundrum in Baral v. Schnitt (2015) 233 Cal.App.4th 1423. According to the Court’s docket, the issue is whether the SLAPP statute, Code of Civil Procedure section 425.16, “authorize[s] a trial court to excise allegations of activity protected under the statute when the cause of action also includes meritorious… Continue Reading

Legal Writing: Speak Freely (But Plainly, Please!)

Posted in Appellate Practice, Appellate Procedure, On Being a Lawyer
“This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET CIs – but meet, by their ‘ET proof’ refined claim construction, all ET CIs needs.” So begins the petition for review filed by a respected law firm in… Continue Reading