Expert: Michael Troy - 3/17/2010

Question
California.

I have been served with a complaint respecting a website I am alleged to have put up (I didn't).  I have two questions.

1) There are several causes of action in the suit (emotional distress, false light, misappropriation of likeness, defamation, etc.) Can I file a SLAPP suit (motion) against the entire complaint or must I do it only to some of the causes of action?

2)  If I file a SLAPP suit (before any other responsive pleadings), is that an admission I put the website up or if the SLAPP suit is denied, can I then deny putting it up?

Thanks.

Answer
Hi David,

First, please keep in mind that I cannot really provide legal advice in this forum.  For that, you would need to consult an attorney in your state.  I am also an expert in constitutional law, not SLAPP suits.

That said, I will say that generally SLAPP suits are extremely hard to win.  Filing suit against someone is generally protected by the First Amendment (right to seek a redress of grievances).  SLAPP suits are only allowed where the plaintiff had absolutely no interest in winning the suit, but was simply using the process to punish or intimidate someone for getting involved in some public matter.

Typically, if a complaint accuses you of something you did not do, the response would be to file an answer denying the facts alleged in the complaint.  Any countersuit for damages would normally be filed separately after the initial claim is dismissed.

That said, I again stress the fact that I am not an expert in SLAPP suits and that you would be well advised to retain experienced counsel in your state.  You may also find this site helpful for more info:

http://www.casp.net/slapps/procede.html

- Mike