The UCL Practitioner
Tuesday, December 02, 2003
New Decision Limits SLAPP Motions in 17200 Cases
On November 25, 2003, the Court of Appeal reversed an order granting a SLAPP motion in a 17200 case alleging false advertising, holding that the anti-SLAPP statute (Code of Civil Procedure section 425.16) does not apply to suits seeking to curtail deceptive commercial solicitations. As the decision notes (in footnote 5), the California Legislature recently made that limitation explicit by enacting new CCP section 425.17 (eff. 01/01/04), which states that "section 425.16 does not apply to any cause of action" challenging statements to consumers about goods or services. The court also reversed a hefty attorneys fees award, instructing the trial court to consider awarding fees to the plaintiff instead. The decision, Jewett v. Capital One Bank, ___ Cal.App.4th ___ (Nov. 25, 2003) can be accessed here. New section 425.17 can be accessed here.
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