The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue.
[4] The statute expressly applies to any writing or speech made in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, but there is no requirement that the writing or speech be promulgated directly to the official body.
[5] To prevail on a special motion to strike, the moving party in the action must first show that the lawsuit is based on claims related to their exercise of their rights to free speech or petition.
Similarly, the first page of any opposition, as well as the entirety of any notice of appeal, petition for writ or order issued on the motion must also be transmitted when filed.
Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney's fees.
On the contrary, the nonmoving party must prove that the motion was frivolous or solely intended to cause unnecessary delay in order to prevail.
[15][16] On September 6, 2003, the Legislature amended the statute in order to address what it found to be abuse of the motion, adding a variety of exceptions.