And then there were eight ...
Today the Court of Appeal issued yet another decision on the UCL and the new anti-SLAPP statute (CCP §425.17). In Physicians Committee for Responsible Medicine v. Tyson Foods, Inc., ___ Cal.App.4th ___ (Jun. 1, 2004), the court cited the two other recent decisions on this topic, Brenton v. Metabolife Int'l, Inc., 116 Cal.App.4th 679 (Mar. 4, 2004) and Metcalf v. U-Haul Int'l, Inc., ___ Cal.App.4th ___ (May 24, 2004), and held that the new anti-SLAPP statute was procedural and therefore applied retroactively, "operat[ing] as a repeal of the statutory authorization for the [trial] court's order [granting the SLAPP motion] and mandat[ing] reversal." The new statute was also constitutional, the court held. My prior posts on Brenton and Metcalf can be accessed here and here.
- posted by Kim Kralowec @ 6:52 PM