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Assembly Bill 1675 (Assembly Committee on Judiciary-1999)

Chapter 960, Statutes of 1999

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An Enrolled Bill Memorandum to Governor was prepared on Assembly Bill 1675 on October 2, 1999 which summarizes the measure as follows:

This bill would permit am immediate appeal of an order denying a motion to strike, under the anti-Strategic Lawsuits Against Public Participation (SLAPP) statute; requires parties to the motion to submit various documents to the Judicial Council; and requires the Judicial Council to maintain a public record of this information for at least three years.
(See Exhibit #15, document PE-21)

Assemblymember Sheila Kuehl, Chair of the Assembly Judiciary Committee, wrote to Governor Davis to request his signature on Assembly Bill 1675. In this letter, she wrote the following regarding the bill:

AB 1675 is an Assembly Judiciary Committee bill that strengthens the law protecting an individual from harassing litigation brought to silence public criticism. . . .

Several years ago, the Legislature passed the “Anti-SLAPP” law that gave defendants the right to bring a special motion to strike a lawsuit if the suit was brought to interfere with an individual’s right of free speech. AB 1675 extends this law by giving the defendant an equal right to immediately appeal the denial of the special motion to strike so that the defendant, often an average person who simply spoke out, will not have to bear the cost of litigation over this or her right of free speech before a higher court has determined if the suit is meritorious. In addition, this bill also gives the plaintiff the right to immediate appeal if the special motion to strike is granted, in order to allow the plaintiff in a complex litigation case to get a ruling on the free speech issues quickly in order to avoid a bifurcated trial on the other issues.
(See Exhibit #15, document PE-26)

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