California law is VERY clear on the fate of those caught filing SLAPP suits (Strategic Lawsuits Against Public Participation) against honest California citizens expressing their opinions on social issues, and exercising their First Amendment rights. California legislators couldn’t care less what a subversive group working out of a basement in Allentown, PA, THINKS the law should be. The law is clear – you get caught abusing a California court process to harass a Californian – you pay – and you pay damn quick.
And if you don’t pay damn quick? California Judges can, and do, issue CONTEMPT citations. With this they can send law enforcement officers, with shackles, to round up those that ABUSE California courts.
The Quackpot menace is learning a HARD lesson in the “sunshine” State.
Opinion By Tim Bolen
The introduction to California’s anti-SLAPP law (Section 425.16 ) states, “The legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances… The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.”
The Judge, who ruled that Barrett’s action was, in fact, a SLAPP action, is now deciding HOW MUCH money Barrett owes Rosenthal’s Attorney. According to court documents, Rosenthal’s attorney has petitioned the Judge to order an immediate payment of $50,000, doubled because of special circumstances ($100,000).
This is going to be very costly for Barrett, et al. There are five more defendants he claims are being sued, he hasn’t even “served” yet. A little math here shows – five more defendants who the Judge could order attorney fees paid for @ $50,000 to $100,000 each is $250,000 to $500,000. Once again, QUACKPOT Barrett is getting a much needed lesson in courtroom REALITY…
Looks to me that Polevoy is going to have to sell one hell of a lot of pimple cream to pay his end of it…
Litigation can be fun.