Legal Question in Appeals and Writs in California

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are exactly the same. The trial court has just scheduled a hearing to Show Cause Re: Why the Court Should not Effect the Court of Appeal's Order Upon Remand? for Apr 30, and hearing on Attorneys fees on 6/6.

Should I write down the appellate court's factual errors before the hearing? Is it relevant at all at this stage?


Asked on 4/12/24, 7:46 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I’m not sure what the “factual errors” are here because Appeals Courts don’t make factual determinations. Appellate courts rule on the law.

Sounds like the Court of Appeals granted the special motion to strike. Your claims subject to the motion to strike are now not in your claim. I’d be surprised that a valid motion to strike doesn’t affect your claims. They would not have filed a motion to strike and appealed if it did not make a difference in the case. I suspect a major portion of your case is headed for dismissal because it is subject to the anti-SLAPP and a motion to strike… either that or it strikes things that makes your burden exponentially more difficult.

You now have to worry about the attorney costs that you owe them. Guaranteed this won’t be cheap. The remand hearing is going to decide the future of your case. You need an attorney to at least see how this appears to affect your case.

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Answered on 4/12/24, 8:53 am


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