California Code of Civil Procedure

§ 425.18

CCP § 425.18 Effective Oct 5, 2005Title 6 · Part 2 · Ch. 2 · Art. 1

Statute text

(a)The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature’s intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy.

(b)For purposes of this section, the following terms have the following meanings:

(1)“SLAPPback” means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16.

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Legislative history

Added by Stats. 2005, Ch. 535, Sec. 2. Effective October 5, 2005.