Does a motion for an anti-SLAPP motion have to include the malice element?
California, United States of America
The following excerpt is from Ostly v. Omura, A137411, A138596, A138691 (Cal. App. 2015):
7. The trial court, in its ruling on the anti-SLAPP motion, did not address the malice element and respondent attorneys do not raise any argument with respect to malice on appeal. Accordingly, to the extent any claim of absence of malice could be raised, this argument is forfeited on appeal. (See Mundy v. Lenc (2012) 203 Cal.App.4th 1401, 1406.)
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