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P0992 After granting a SLAPP motion on the ground that the apparently lawful statutory scheme plaintiff sued to enforce was unconstitutional, the trial court was required to award attorney fees to the successful moving party; a subsection of the SLAPP statute exempting actions brought in the name of the people by a public prosecutor does not apply to private enforcement actions.
ARP v GALLAGHER (Superfluous SLAPP) 138 CA4 1307 [See: CCP 425.16; CivC 2527; Pfeiffer Venice v Bernard 101 CA4 211, T/AT 8/02; White v Lieberman 103 CA4 210, T/AT 12/02]
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