Legal Opinion

Wilbanks v. Wolk

California Court of Appeal

Decided August 17, 2004No. A101100PublishedCited by 91 opinions

1Opinion of the Court

Opinion

STEIN, Acting P. J.

This is an appeal from an order granting a special motion to strike a complaint as a Strategic Lawsuit Against Public Participation (SLAPP), pursuant to Code of Civil Procedure section 425.16, and awarding defendant her attorney fees. We find that the suit was subject to the special motion to dismiss, requiring plaintiffs to establish a reasonable probability of prevailing on the merits. We further find that plaintiffs made the requisite showing. We therefore reverse.

BACKGROUND

The case concerns statements allegedly made against a viatical settlements brokerage, and…

2Cases cited34 opinions

  1. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  2. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  3. Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
  4. Navellier v. SlettenCalifornia Supreme Court · 2002
  5. Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002

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3Cited by91 opinions

  1. Tarla Makaeff v. Trump University, LlcCourt of Appeals for the Ninth Circuit · 2013
  2. Wong v. JingCalifornia Court of Appeal · 2010
  3. Wilson v. Cable News Network, Inc.California Supreme Court · 2019
  4. NYGÅRD, INC. v. Uusi-KerttulaCalifornia Court of Appeal · 2008
  5. Barrett v. RosenthalCalifornia Supreme Court · 2006

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