If you successfully defended a civil lawsuit with an Anti-SLAPP motion, you have the option of bringing a lawsuit for damages beyond attorney’s fees called a SLAPPback. In 2005 California Code of Civil Procedure § 425.18 was approved by the legislature and codified the SLAPPback. This lawsuit allows the former defendant in a SLAPP case to recover financial compensation for things like:
- Financial distress and insolvency.
- Physical and mental symptoms related to stress.
- Negative impact on family relationships.
Since a SLAPPback plaintiff has already proven the original lawsuit was designed to silence him or her without any other legal justification, the proof requirements are minimal. The law encourages former defendants to bring SLAPPback lawsuits as a way of punishing the original plaintiff and discouraging the use of SLAPP lawsuits in the future.
The Law Office of Ryan T. Darby represents successful anti-SLAPP petitioners who wish to recover additional damages. Contact us today for a consultation.