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Anti-SLAPP

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Anti-SLAPP Protections

At The Law Office of Erik Bauman, I am dedicated to defending your right to free speech and public participation without fear of legal retaliation. If you are facing a lawsuit designed to silence your voice, you may be protected under California’s Anti-SLAPP statute (Strategic Lawsuit Against Public Participation). This law is crucial in protecting individuals and organizations from frivolous lawsuits intended to intimidate and suppress their right to speak out on public issues.

SLAPP stands for “Strategic Lawsuits Against Public Participation,” or what most people call "using the legal system to force someone to shut up, even though you don't have a real case." Unfortunately, many wealthy people and corporations use the legal system as a cudgel against those with fewer resources who speak out against them. They know that defending a case, even a completely frivolous case, will cost more than the defendant can afford. Fortunately, California has a strong law against lawsuits that attempt to silence protected speech, allowing defendants to win the case very early on and have the other side pay their attorney's fees. If this is happening to you, please reach out for an immediate free consultation to see if you are protected by California's Anti-SLAPP law.

How Does Anti-SLAPP Protect You?

1. Protection for Free Speech

Under California’s Anti-SLAPP statute, you are protected from lawsuits that arise from statements made in public forums, including media outlets, government proceedings, or even on social media platforms. This law covers any activity related to free speech on matters of public concern, such as political discourse, public health advocacy, or consumer reviews.

2. Early Dismissal of Frivolous Lawsuits

The Anti-SLAPP law allows for the swift dismissal of meritless lawsuits that are filed solely to suppress protected speech. Once an Anti-SLAPP motion is filed, the burden shifts to the plaintiff to prove their case has legal merit. If the plaintiff cannot meet this burden, the lawsuit is dismissed early in the legal process, saving you time, stress, and legal expenses.

3. Recovery of Legal Fees

One of the most powerful features of California's Anti-SLAPP law is the ability for defendants to recover legal fees. If you win an Anti-SLAPP motion, the court can require the plaintiff to pay your attorney’s fees, helping to level the playing field when you are up against a wealthier opponent trying to use the legal system to intimidate or silence you.

4. Protection in Online and Consumer Reviews

California's Anti-SLAPP law extends to online speech, including social media posts and consumer reviews. Whether you’re posting an opinion about a company or expressing concerns on a public issue, Anti-SLAPP laws ensure that your right to free speech is safeguarded.

Common Situations Where Anti-SLAPP Applies

Public Participation: Expressing opinions in local government meetings, protests, or other forums of public concern.
Online Speech: Posting reviews or opinions on social media, blogs, or consumer review sites like Yelp.
Media and Reporting: Participating in or reporting on matters of public interest, including investigative journalism or public commentary.
Consumer Advocacy: Speaking out on issues such as environmental concerns, public health matters, or corporate malfeasance.

Why Choose The Law Office of Erik Bauman for Your Anti-SLAPP Case?

With extensive experience handling Anti-SLAPP cases, I know how to protect your rights and act quickly to dismiss meritless lawsuits filed against you. I will guide you through the process, file a timely Anti-SLAPP motion, and work to ensure that your legal fees are covered. Don’t let a baseless lawsuit intimidate you—stand up for your right to free speech.

Contact Me Today

If you are being sued for speaking out on an issue of public concern, contact me for a free consultation. I will help you determine if you are protected under California’s Anti-SLAPP law, and take swift action to defend your rights.

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faq

Frequently Asked Questions

Do you defend eviction cases?

Sometimes, but the short timelines for evictions make it difficult to take them on, and the costs to hire a private attorney are often too high to make sense. I recommend you first contact non profit organizations that specialize in eviction defense, such as the East Bay Community Law Center, Centro Legal de la Raza, Eviction Defense Center, or Bay Area Legal Aid. They may be able to provide free or low cost eviction defense, and are very skilled and experienced in handling eviction cases.

How much do you charge for a consultation?

It depends on the purpose of the consultation. If it's to determine if you have a case I'll represent you in on a contingency fee, the consultation is free. If you are seeking legal advice on how to navigate a situation, review a contract, or to have me communicate on your behalf, I typically charge a flat fee of $350. There are obviously more variables, but I promise you won't be charged without agreeing to it and knowing what you'll get for your money in advance. I often give 5-10 minutes of simple advice for free, but can't promise to always do that.

Do I have a case you'll take on contingency?

It always depends on specifics, but the first hurdle is expected case value. Small claims in California includes claims up to $12,500 and you aren't allowed to have an attorney represent you in small claims. If your case value is in that range, I will likely direct you to small claims. However, you can hire an attorney to advise you on the laws you can claim under and how to best present your evidence, but that would not be on contingency. I will give a free consultation and explain why I will or won't take your case after reviewing it.

How long does a lawsuit take?

The average case takes between 1 and 3 years. They can be longer or shorter depending on a huge variety of factors and events as the case proceeds, but you should plan on it being a long term commitment. Even with a great case I cannot promise quick resolution; the legal process is not a fast process.

How can I force my landlord to make repairs?

Generally, the best way to force the issue of repairs is through code enforcement in your city. They can levy fines against landlords who don't respond to their citations. It is possible to get a court order for repairs, but the process is not quick and the tenant has a significant burden of proof.

What should I do if I expect to have a legal dispute with my landlord?

Document document document. Put things in writing, especially repair requests; take pictures, be clear and calm in your communications. Write like a jury might read your texts or emails. Don't assume your landlord will agree a conversation happened. Keep copies of all notices and communications with them. I can provide advice tailored to specific situations, and possibly write a letter on your behalf, as part of a paid consultation, but the advice above is universally helpful in all situations.

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