What Is a SLAPP Lawsuit and How Can You Fight Back in California?

Free speech is a cornerstone of American democracy — but what happens when someone uses the legal system to try to shut you up? If you’ve spoken out on a public issue and suddenly find yourself facing a lawsuit, you may be the target of a SLAPP — a Strategic Lawsuit Against Public Participation. Fortunately, California law offers strong protections against this kind of legal intimidation. Here’s what you need to know.

What Is a SLAPP Lawsuit?

A SLAPP lawsuit isn’t about seeking justice. Instead, it's a legal tactic used to bully, intimidate, and silence individuals who speak out on matters of public interest.

Common scenarios include:

• A community member opposing a development project being sued for defamation.
• An environmental activist criticizing a company’s pollution practices and then getting sued.
• A consumer posting a negative review and being hit with a lawsuit for libel.

The goal of a SLAPP is not to win on the merits — it's to drain your resources, waste your time, and scare you into silence.

Why SLAPPs Are So Dangerous

SLAPP lawsuits can:

• Burden individuals with overwhelming legal fees.
• Force defendants to choose between a costly defense or withdrawing their statements.
• Discourage others from speaking up for fear of being targeted next.

Even if the lawsuit has no merit, fighting it can cost tens of thousands of dollars. That’s why California created powerful legal tools to stop them quickly.

How California’s Anti-SLAPP Law Protects You

In 1992, California passed Code of Civil Procedure § 425.16, also known as the Anti-SLAPP statute. This law gives defendants a way to quickly dismiss meritless lawsuits that target their rights to free speech or petition.

Here’s how it works:

1. File an Anti-SLAPP Motion

If you believe you’re being SLAPP’ed, your attorney can file a motion to strike the complaint. This must be done within 60 days of being served with the lawsuit (in most cases).

2. Court Reviews the Motion

The judge determines whether the lawsuit arises from protected activity (such as free speech or petitioning the government). If it does, the burden shifts to the plaintiff to prove their claim is valid.

3. If You Win, the Case Is Dismissed

If the court grants your Anti-SLAPP motion, the lawsuit is thrown out — and in most cases, the plaintiff is ordered to pay your legal fees.

Attorney’s Fees and the Real Cost of Fighting Back

California’s Anti-SLAPP law provides for mandatory recovery of attorney’s fees if your motion is successful. This means the person or company who tried to silence you pays for your defense.

In some cases, the court may even allow your attorney to recover enhanced fees, including those spent filing the motion to recover fees — significantly reducing or eliminating your out-of-pocket costs.

Is Your Case a SLAPP?

Not every lawsuit involving speech or public criticism qualifies as a SLAPP, and timing is critical. You need a law firm that understands how to identify SLAPPs quickly and act decisively in court. Look for attorneys who have handled multiple Anti-SLAPP motions successfully and are familiar with the nuances of this unique legal process.

Why Choose The Law Offices of David C. Beavans, APC

At The Law Offices of David C. Beavans, APC, we have taken on SLAPP lawsuits and won. We’ve represented San Diego residents in multiple Anti-SLAPP cases and successfully defended their rights to speak up — without being silenced through litigation.

We believe that no one should be punished for participating in public discourse. Whether you’re a whistleblower, online reviewer, journalist, or citizen advocate, we’re here to help you stand your ground.

Get Help Today

If you believe you’ve been targeted with a SLAPP lawsuit in California, don’t wait. The clock is ticking, and early legal action is key to protecting your rights.



📞 Call The Law Offices of David C. Beavans, APC at 619-234-7848
📍 Serving clients in San Diego, California and surrounding communities.