An Update on California Law presented by Anna Fabiano and Jenny Li

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Table of Contents:

- ANTI-SLAPP STATUTE

- ARBITRATION

- DAMAGES

- DISCOVERY

- EMPLOYMENT LAW

- EVIDENCE

- GOVERNMENT LIABILITY

- INDEMNITY

- INSURANCE COVERAGE

- NEGLIGENCE

- PREMESIS LIABILITY

- C.C.P. § 998 OFFERS

Excerpt from Anti-Slapp Statute

D.C. v. R.R. (2010) 182 Cal.App.4th 1190

Facts:

Plaintiff, a teenager with a burgeoning singing career, created a website which allowed others to make comments on it. Some of plaintiff’s high school classmates anonymously put derogatory and threatening comments on the website about plaintiff’s sexual orientation – e.g., a student wanted to rip plaintiff’s heart out and feed it to him; that he wanted to kill plaintiff, and that he was going to pound his head in with an ice pick. Plaintiff’s parents moved the family to another part of the state because of these threats. Plaintiff brought suit against the classmates and their parents under Civil Code sections 51.7(a) and 52.1 which, prohibit threats of violence motivated by hate speech based on sexual orientation. One of the defendants moved to dismiss under the anti-SLAPP statute, Code of Civil Procedure section 425.16, but the trial court denied the motion.

Please see full presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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