Tuesday, August 19, 2014

Order denying anti-SLAPP motion is NOT appealable

We all know and love CCP 425.16, subdivision (i), which provides that an order granting or denying an anti-SLAPP motion is immediately appealable. (See also CCP 904.1, subdivision (a)(13).) So when is an anti-SLAPP order NOT appealable? Apparently, when an exemption applies, such as the public enforcement actions exemption. See yesterday's published case from 1/2, People v. McGraw-Hill Companies, dismissing an appeal from the denial of McGraw-Hill's  anti-SLAPP motion.

The Time Is Now
Let's do away with more anti-SLAPP appeals!!