34 episodes

California's SLAPP Law was a great idea, but it can be a minefield for the uninformed lawyer or self-represented party. Aaron Morris, from the law firm of Morris and Stone, can guide you through that minefield and keep you current on the latest SLAPP law cases, anti-SLAPP motions and strategies, and the motions for attorney fees that follow.

California SLAPP Law Aaron Morris: Anti-SLAPP Attorney

    • Education
    • 4.9 • 15 Ratings

California's SLAPP Law was a great idea, but it can be a minefield for the uninformed lawyer or self-represented party. Aaron Morris, from the law firm of Morris and Stone, can guide you through that minefield and keep you current on the latest SLAPP law cases, anti-SLAPP motions and strategies, and the motions for attorney fees that follow.

    SLAPP034 – Are Calls to the Police Still Protected Speech?

    SLAPP034 – Are Calls to the Police Still Protected Speech?

    In Episode 34 of the California SLAPP Law Podcast, we examine the amendment to Civil Code section 47, which changed calls to the police from being absolutely privileged, to only conditionally privileged. Attorneys who sue for calls to the police, do so at their peril, as opposing counsel learned.

    And we are happy to report that Morris & Stone created a new legal precedent, having to do with what we have long referred to as “all-or-nothing” anti-SLAPP motions. In Baral v. Schnitt, the California Supreme Court held that individual allegations of protected speech can be stricken from a complaint. But what if a defendant brings an anti-SLAPP motion that asks only to strike the entire complaint? How should the court handle it, when the defendant then changes course, and asks in the reply brief for individual allegations to be stricken?

    Listen to Episode 34 for the answer.

    • 15 min
    SLAPP033 – How to Defeat an anti-SLAPP Motion with Inadmissible Evidence

    SLAPP033 – How to Defeat an anti-SLAPP Motion with Inadmissible Evidence

    In Episode 33 of the California SLAPP Law Podcast, we revisit the California Supreme Court decision of Sweetwater Union High School District v. Gilbane Building Co. Our client was sued by an attorney, and we had the action dismissed by way of an anti-SLAPP motion. The attorney appealed, and in his briefs, he never mentioned the Sweetwater holding, and we sure were not going to bring it up. The Court of Appeal brought it up anyway. Would the attorney be able to reverse the ruling, based on evidence that might be admissible at trial?

    We also discuss how sometimes the best thing to do is nothing. We were brought in to oppose an anti-SLAPP motion, but when the trial court kept continuing the hearing, I told the client, “wait for it, wait for it . . .”

    And I tell the tale of nice woman who ran afoul of the anti-SLAPP statute with her cross-complaint, and was faced with a massive attorney fee application. She could not afford to hire us, but a little guidance from the wings saved her from disaster.

    • 20 min
    SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases

    SLAPP032 – The 3 Most-Often Miscited Anti-SLAPP Cases

    We begin Episode 32 with the discussion of how Morris & Stone just defeated an anti-SLAPP motion. I reveal the common (and fatal) mistake made by defense counsel when they pursue anti-SLAPP motions.

    And on the topic of mistakes, based on my prior article, we turn to the three cases that counsel almost always cite improperly when defending against an anti-SLAPP motion. Listen and find out what these three cases really stand for:

    Nguyen-Lam v. Cao (2009) 171 Cal.App.4th 858.

    Weinberg v. Feisel (2003) 110 Cal.App.4th 1122.

    Flatley v. Mauro (2006) 39 Cal.4th 299.

    Finally, in the after-show, I reveal a successful strategy to obtain a trial continuance, even when the judge has already said no.

    • 29 min
    SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute

    SLAPP031 – A Gambler Bets Wrong on the Anti-SLAPP Statute

    In Episode 31, in addition to an anti-SLAPP case, we examine another example of how opposing counsel blew an opposition to our Motion for Summary Judgment, by being unaware of the procedure rules.

    The limit for the memorandum of points on a typical motion is 15 pages, but a motion for summary judgment is a big deal, so the rules graciously allow 20 pages for that type of motion. The same rule applies to the opposition. But this attorney offered up a 60 page memo. How did we use that error to seal his doom? Listen to Episode 31 to find out.

    Next we turn to the case of Mike Postle, a professional gambler. Some accused Postle of cheating at a particular poker tournament. He took umbrage with that, and sued 12 of his accusers. We would have told poor Mr. Postle the tale of Joe the Alcoholic, which made clear that he could not prevail on his defamation claim. Listen for all the details, and the only possible silver lining in Postle’s debacle.

     

    • 18 min
    SLAPP030 – Is it Defamatory to Call Someone a “Crook?”

    SLAPP030 – Is it Defamatory to Call Someone a “Crook?”

    Fun, fun, fun in the California sun at Morris & Stone.

    In just the past couple of weeks, we (1) Obtained a 3.9 million dollar defamation verdict for one client; (2) Got another client out of a 7 million dollar case on a motion for summary judgment, and (3) Were awarded our fees following a successful anti-SLAPP motion, even though the motion did not dispose of every cause of action.

    In Episode 30 of the California SLAPP Law Podcast, we discuss the facts of the aforementioned anti-SLAPP motion, and the motion for attorney fees that followed. This particular anti-SLAPP motion presented some really interesting issues, as did the motion for attorney fees.

    As to the anti-SLAPP motion, we examine whether it can ever be defamatory to call someone a crook. It might seem so, but how exactly does one define a crook in order to offer evidence that one is not a crook?

    As to the motion for attorney fees, how does the court handle such a request when the underlying anti-SLAPP motion was only partially successful?

    Along the way, we are again reminded why it is so crucial to know the procedural rules governing any motion you bring.

    • 20 min
    SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute?

    SLAPP029 – Can Attorneys Sue Their Clients for Malicious Prosecution After a Fee Dispute?

    In episode 28, we discussed the attorney who sued his own client for malicious prosecution. The client had challenged the fees charged by the attorney by way of the informal fee arbitration process, and when he lost the attorney turned around and sued for malicious prosecution.

    Incredibly, the court denied our motion, so we had to take it up on appeal.

    The Court of Appeal agreed with our position that a fee arbitration cannot be the predicate for a malicious prosecution case, and therefore the attorney could not possibly prevail on the second prong of the anti-SLAPP analysis.

    In Episode 29, we discuss the court’s decision, as well as the motion for attorney fees that followed. The attorney provided a 65-page report from an expert witness who challenged our fees and hourly rate, but the judge was having none of it.

    • 18 min

Customer Reviews

4.9 out of 5
15 Ratings

15 Ratings

Opalita82 ,

Fabulous podcast

I’ve enjoyed listening to this podcast over and over again since 2016 or so when I discovered it. Every episode is highly informative and engaging. Wishing Aaron Morris would have continued making these.

crystal.m.c ,

Best podcast on California law, any subject

Each episode is packed with a ton of great information, and entertaining war stories.

Extramission ,

Love this podcast

I'm not a lawyer, but I find anti-SLAPP law very interesting. Aaron Morris's explanations of each case are clear and concise. He masterfully walks the listener through each step and motion while pointing out silly blunders along the way. For example, in one episode Morris describes how Yelp's aggressive legal actions might backfire if they're forced to reveal the details of their review filter in discovery.

Top Podcasts In Education

The Mel Robbins Podcast
Mel Robbins
The Jordan B. Peterson Podcast
Dr. Jordan B. Peterson
Mick Unplugged
Mick Hunt
جافکری | Jafekri
Amirali Gh
Law of Attraction SECRETS
Natasha Graziano
School Business Insider
John Brucato