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P1048 A recent amendment to the SLAPP statute addressed to SLAPPbacks (CCP 425.18) applies to litigation already pending when it went into effect; it exempts a SLAPPback only if the cause of action from which it arose was illegal as a matter of law; the burden is on the SLAPPback plaintiff to demonstrate that either the defendant concedes its illegality or the illegality is conclusively established by the evidence, and to identify with particularity the statute violated and the specific manner in which filing the underlying suit violated it.
SOUKUP v HAFIF (SLAPPback) 39 C4 260 [See: CCP 425.16, 425.18; Briggs v Eden Council 19 C4 1106, T/AT 2/99]
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