Friday, September 5, 2014

Public Prosecutor Exception to SLAPP Statute Applies to Appeals

People v. McGraw-Hill Companies, Inc., No. A140922 (D1d2 Aug. 18, 2014)

Section 425.16(d) of the Code of Civil Procedure exempts actions brought by public prosecutors from the ambit of the anti-SLAPP statute. The court here reads that to mean the whole anti-SLAPP statute, including § 425.16(i), which provides for an immediate interlocutory appeal. So the denial of the motion in this case, on § 425.16(d) grounds, was not appealable and the appeal needed to be dismissed for want of appellate jurisdiction.

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