Lacambra vs. Shea Properties et al
I spent most of the weekend responding to a “Motion to Strike (Anti-SLAPP)” served on me by the counsel for Gary J. Gouch, Esq. the lawyer for Shea Properties at the time of the controversy. I had included him as a Defendant despite all the laws that protect attorneys from lawsuits. This was one of the consequences.
SLAAP stands for "Strategic Lawsuit Against Public Participation". The Anti-SLAPP legislation was the result of a surge of meritless lawsuits filed against individuals and companies by Plaintiffs whose only goal was anything but to prevail in court. Mostly used to fight someone who is opposing a political position, it’s a proverbial David and Goliath battle where Goliath is using money to bring an opposition to comply with their designs. It’s like someone saying – “If you don't do what I say, I will slap you with a lawsuit and make you poor beyond belief”.
Case law defined a SLAPP lawsuit in this manner:
Characteristically, the SLAPP suit lacks merit; it will achieve its objective if it depletes defendant’s resources or energy. The aim is not to win the lawsuit but to detract the defendant from his or her objective, which is adverse to the plaintiff (Citation) (Church Scientology v. Wollersheim, 42 Cal App. 4th 628, 645, 49 Cal. Rprtr. 2d 620 (2d Dist. 1996) (disapproved of by, Equilon Enterprises v. Consumer Cause Inc., 29 Cal. 4th 53, 134 Cal. Rptr. 2d 507, 52 P.3d 685 (2002) (Church of Scientology).) Dowling v. Zimmerman, 85 Cal. App. 4th 1400 1414, 103 Cal. Rptr. 2d 174 (4th Dist. 2001)
The SLAAP Lawsuit has three main characteristics and any one may be present for a SLAPP Lawsuit to exist:
- The lawsuit stifles Free Speech
- The Lawsuit has no merit and have very little probability of winning.
- The lawsuit’s primary cause is to deplete the Defendant’s resources and energy.
So, when I started writing my opposition, I was wearing a huge smile. I was being portrayed as someone who is using the courts and the insanely prohibitive cost of litigation to exact revenge. My opposition paper was a compendium of why, of all the people on this live earth, I should be labeled the cash-flushed Goliath with a cadre of attorneys who do my bidding. In fact, that scenario could not be further from the truth. I represent myself precisely because I cannot afford an attorney. As it stands, I am too busy to even ponder such a sophisticated and expensive scheme.
A not too obvious, yet effective motive for filing this motion is to shorten the duration of discovery. One element of the Anti-SLAPP Statute is that it suspends all discovery when it is filed. Discovery is the block of work before trial when lawyers seek relevant information about the case. This is when lawyers can demand from other parties, witnesses and other sources documents; information; answers to questions under oath; petition the court to enforce discovery rights; and ask written admissions.
Our trial is already set for the 10th of November and anything to lessen the discovery period shifts the advantage to the defense. My opposition in this particular case (Robert Cardwell and Gregory Beam) are highly skilled and seasoned professionals worthy of my grudging respect. They understand the subtleties of the law and know what they are doing.
A not too obvious, yet effective motive for filing this motion is to shorten the duration of discovery. One element of the Anti-SLAPP Statute is that it suspends all discovery when it is filed. Discovery is the block of work before trial when lawyers seek relevant information about the case. This is when lawyers can demand from other parties, witnesses and other sources documents; information; answers to questions under oath; petition the court to enforce discovery rights; and ask written admissions.
Our trial is already set for the 10th of November and anything to lessen the discovery period shifts the advantage to the defense. My opposition in this particular case (Robert Cardwell and Gregory Beam) are highly skilled and seasoned professionals worthy of my grudging respect. They understand the subtleties of the law and know what they are doing.
