California, United States of America
The following excerpt is from Kaufman v. Gordon, B258570 (Cal. App. 2015):
But whether the amended complaint sufficiently alleged an independently wrongful act is not a matter to be determined on an anti-SLAPP motion to strike. If the collector believed the complaint was insufficient to state a cause of action or uncertain, his remedy was to file a demurrer. (Code Civ. Proc., 430.10; cf. Allerton v. King (1929) 96 Cal.App. 230, 234 [a motion to strike cannot take the place of a demurrer].) He did not do so. Therefore, the trial court did not rule on the legal sufficiency of the complaint, and that issue is not before this court.
Page 9
5. The Artist is Not Entitled to Attorney's Fees
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.