And then there were seven ...
On Monday, the Court of Appeal issued its SEVENTH decision since November involving the interplay between the UCL and the anti-SLAPP statute. Metcalfe v. U-Haul Int'l, Inc., ___ Cal.App.4th ___ (May 24, 2004) holds that new Code of Civil Procedure section 425.17 is a procedural statute and that applies retroactively to pending litigation. The new statute barred the defendant's SLAPP motion even though it became effective after the motion was filed, after the trial court ruled on the motion, and after an appeal was initiated. Citing Brenton v. Metabolife Int'l, Inc., 116 Cal.App.4th 679 (2004) (discussed in my post here), the court also held that the new statute passed constitutional muster.
- posted by Kim Kralowec @ 7:21 PM