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Understanding SLAPPs: Process and Procedure from Initiation through Appeal

Level: Advanced
Runtime: 372 minutes
Recorded Date: October 14, 2011
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1 History of the SLAPP Motion (Phil Goar/Ben Shatz)
2 First Prong: Cause of Action "Arising" (Ben Shatz/Jim Moneer)
3 Second Prong: Probability of Success (Phil Goar/Jim Moneer)
4 Morphing of Two Prongs ["Illegality" Cases] (Jim Moneer)
5 Hearing & Trial Court Ruling (Ben Shatz)
6 Appeal (Phil Goar)
7 Fees and Costs (Ben Shatz/Jim Moneer)
8 Losing Plaintiff''s SLAPP Malpractice Suit
9 Defendant''s Motion: Step-by-Step (Jim Moneer/Judge Hogue/Ben Shatz)
10 Plaintiff''s Response: Step-by-Step (Jim Moneer/Judge Hogue/Ben Shatz)
11 SLAPPback Motions (Jim Moneer)
12 Exceptions to SLAPP Motions (Judge Hogue)

Recorded: October 14th, 2011
Runtime: 6 hours 12 minutes


SLAPPs (Strategic Law Suits Against Public Participation) have proliferated in California over the past two decades. In fact, these suits are so popular, there is even a new litigation response, the "SLAPPback." It is important to know what is involved in this type of suit and how to either file one as a plaintiff, or respond to one on behalf of your client.

This seminar is taught by a long-term career court attorney for the California Appellate Court, a superior court Judge and experienced practitioners. The program gives you an in-depth look at both sides of the coin when dealing with a SLAPP suit. What you will learn:

  • The background and history of the SLAPP motion
  • Exceptions to SLAPP motions
  • The two prongs of a SLAPP motion and identifying the "gravamen" of the cause of action
  • How make and oppose SLAPP discovery motions the right way
  • What to expect at the SLAPP motion hearing and how to prepare for it
  • What happens when the motion is granted or denied
  • Appealing the SLAPP decision
  • A step-by-step guide for defendants wanting to file a SLAPP motion
  • A step-by-step guide for plaintiffs needing to respond to a SLAPP motion
  • SLAPPback suits and motions under CCP 425.18
  • Making and defending motions for attorney fees
  • Using expert witnesses for attorney fee motions

    This seminar was recorded in Los Angeles, CA on October 14th, 2011.

  • Provided By

    Pincus Professional Education
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    James Joseph Moneer, Esq.

    Law Offices of James J. Moneer

    James J. Moneer, Esq. has been representing plaintiffs and defendants in all aspects of anti-SLAPP cases throughout California since 1994 - a year after section 425.16 became effective. Mr. Moneer frequently testifies as an expert for parties making or opposing SLAPP fee motions. He also handles civil appeals and writs.

    Mr. Moneer has been recognized as an expert on California Anti-SLAPP law in Ramona Unified School Dist. v. Tsiknas (2005) 135 Cal.App.4th 510, 523-525 and Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400. He was lead counsel in five published anti-SLAPP decisions, including one before the California Supreme Court. Soukup v. Hafif (2006) 39 Cal.4th 260. He was amicus counsel before the High Court in numerous other cases.

    Mr. Moneer is a frequent lecturer on the topic, teaches anti-SLAPP law at USD School of Law, and has published numerous articles on the subject.

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    Honorable Amy D. Hogue

    Los Angeles Superior Court

    The governor appointed Judge Hogue to the Superior Court in May 2002. She has presided in an I/C general jurisdiction civil assignment since January 1, 2010, and served on various court committees, including the Los Angeles Superior Court Media Committee (Chair since 2007), LASC's Trial Jurors Committee, California Judges Association's Midyear Planning Committee (Chair 2009), CJER's Court Security Education Committee (2006-09), CJA's Annual Meeting Planning Committee (2004-2006, 2008), and CJA's Education Committee (2006-2007).

    Prior to her appointment, Judge Hogue was with the firm of Pillsbury Winthrop LLP (fka Pillsbury Madison & Sutro; Lillick & McHose). She acted as Lead Counsel representing plaintiffs and defendants in complex trial and appellate business cases in state and federal courts (First Amendment, media defense, employment, intellectual property, real estate, contracts, frauds, class actions, and other commercial disputes). Clients included individuals, television networks, publishers, financial institutions, advertising agencies, manufacturers, and other business entities. Ms. Hogue was Co-Chair of Pillsbury Winthrop's Intellectual Property Group in high-profile cases involving celebrities such as Kareem Abdul-Jabbar, Vanna White, Neil Armstrong, Warren Beatty, Tom Cruise, and Arnold Schwarzenegger. She also acted as Mediator in 75+ business and intellectual property cases. Judge Hogue received her J.D. from Duke University.

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    Philip L. Goar, Esq.

    Senior Judicial Attorney
    California Court of Appeal

    Since 1983, Mr. Goar has been a senior judicial attorney at the California Court of Appeal. He is certified as an appellate specialist by the State Bar of California Board of Legal Specialization and has been a speaker and panelist at numerous programs sponsored by the State Bar, L.A. County Bar, CEB and CJER. Mr. Goar received his Juris Doctor degree from the University of Southern California in 1967. Mr. Goar spent thirteen years in Legal Services programs for the poor including the Legal Aid Foundation of Long Beach, the National Senior Citizens Law Center and the Western Center for Law and Poverty where he was Director of Litigation from 1972 to 1976.

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    Benjamin G. Shatz, Esq.

    Partner & Appellate Practice Group Co-Chair
    Manatt, Phels & Phillips, LLP

    Ben Shatz is acertified specialist in appellate law who has briefed hundreds of civil appeals, writs and petitions in state and federal courts covering areas of law including employment, entertainment, copyright, trademark, land use, banking, insurance, product liability, professional liability, wrongful death, punitive damages, class actions, anti-?-SLAPP and unfair competition. Before private practice he served as law clerk to Robert J. Johnston, United States Magistrate Judge for the District of Nevada, and as extern to Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit.

    Ben is Editor-?-in-?-Chief of California Litigation, the journal of the State Bar’s Litigation Section, chairs the Los Angeles County Bar Association’s State Appellate Judicial Evaluations Committee and serves on the executive committee of LACBA’s Appellate Courts Section. He is apast Chair of the State Bar Committee on Appellate Courts and the LACBA Appellate Courts Committee.

    Since 2005, Ben has coordinated lawyer volunteers for the ACE (Appellate Court Experience) program, in which high school students visit the Second District Court of Appeal, for which he was honored as Lawyer of the Year (Private Sector 2008) by the Constitutional Rights Foundation. He has been named aSouthern California Super Lawyer in Appellate Practice (2004-2015); listed
    in Best Lawyers in America for appellate practice (2012-?2015); and is AV-Preeminent rated by Martindale-?Hubbell.

    Ben is afrequent lecturer and publisher of articles on appellate practice, is an editorial consultant for the Matthew Bender Practice Guide on California Civil Appeals &Writs, and blogs at Southern California Appellate News (http://socal-?

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