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California Code Of Civil Procedure Section 425.17

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 425.17

(a) The Legislature finds and declares that there has been
a disturbing abuse of Section 425.16, the California Anti-SLAPP Law,
which has undermined the exercise of the constitutional rights of
freedom of speech and petition for the redress of grievances,
contrary to the purpose and intent of Section 425.16.  The
Legislature finds and declares that it is in the public interest to
encourage continued participation in matters of public significance,
and that this participation should not be chilled through abuse of
the judicial process or Section 425.16.
   (b) Section 425.16 does not apply to any action brought solely in
the public interest or on behalf of the general public if all of the
following conditions exist:
   (1) The plaintiff does not seek any relief greater than or
different from the relief sought for the general public or a class of
which the plaintiff is a member.  A claim for attorney's fees,
costs, or penalties does not constitute greater or different relief
for purposes of this subdivision.
   (2) The action, if successful, would enforce an important right
affecting the public interest, and would confer a significant
benefit, whether pecuniary or nonpecuniary, on the general public or
a large class of persons.
   (3) Private enforcement is necessary and places a disproportionate
financial burden on the plaintiff in relation to the plaintiff's
stake in the matter.
   (c) Section 425.16 does not apply to any cause of action brought
against a person primarily engaged in the business of selling or
leasing goods or services, including, but not limited to, insurance,
securities, or financial instruments, arising from any statement or
conduct by that person if both of the following conditions exist:
   (1) The statement or conduct consists of representations of fact
about that person's or a business competitor's business operations,
goods, or services, that is made for the purpose of obtaining
approval for, promoting, or securing sales or leases of, or
commercial transactions in, the person's goods or services, or the
statement or conduct was made in the course of delivering the person'
s goods or services.
   (2) The intended audience is an actual or potential buyer or
customer, or a person likely to repeat the statement to, or otherwise
influence, an actual or potential buyer or customer, or the
statement or conduct arose out of or within the context of a
regulatory approval process, proceeding, or investigation, except
where the statement or conduct was made by a telephone corporation in
the course of a proceeding before the California Public Utilities
Commission and is the subject of a lawsuit brought by a competitor,
notwithstanding that the conduct or statement concerns an important
public issue.
   (d) Subdivisions (b) and (c) do not apply to any of the following:

   (1) Any person enumerated in subdivision (b) of Section 2 of
Article I of the California Constitution or Section 1070 of the
Evidence Code, or any person engaged in the dissemination of ideas or
expression in any book or academic journal, while engaged in the
gathering, receiving, or processing of information for communication
to the public.
   (2) Any action against any person or entity based upon the
creation, dissemination, exhibition, advertisement, or other similar
promotion of any dramatic, literary, musical, political, or artistic
work, including, but not limited to, a motion picture or television
program, or an article published in a newspaper or magazine of
general circulation.
   (3) Any nonprofit organization that receives more than 50 percent
of its annual revenues from federal, state, or local government
grants, awards, programs, or reimbursements for services rendered.
   (e) If any trial court denies a special motion to strike on the
grounds that the action or cause of action is exempt pursuant to this
section, the appeal provisions in subdivision (j) of Section 425.16
and paragraph (13) of subdivision (a) of Section 904.1 do not apply
to that action or cause of action.

Last modified: January 12, 2009