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Baral v. Schnitt

Baral v. Schnitt

August 1, 2016 – The California Supreme Court ruled today on an issue that has been perplexing the appellate courts for well over a decade.  In Baral v. Schnitt(Case No. S225090) the Court held that the anti-SLAPP statute can can be used to strike so-called “mixed causes of action.”  In so doing, the Supreme Court reversed the decision by the  court of appeals below, which had previously rejected the argument advanced by Jim Wagstaffe.

California courts had been deeply divided over whether motions under the anti-SLAPP statute could be brought against anything less than what a plaintiff happens to label a single “cause of action.” Since May of 2011 alone, the question had arisen at least 15 separate times, with many courts coming down on different sides of this issue, sometimes even in published decisions from within the same appellate district.

“The anti-SLAPP statute is one of the most powerful and widely-used statutes in California,” said Jim Wagstaffe.  “This decision will have wide ramifications for countless cases going forward in virtually all areas of substantive California law.”

Press coverage about the case can be found here.