May 3, 2017

Anti-SLAPP opinion filing tomorrow; employment opinion likely Monday

Tomorrow morning, the Supreme Court will file its opinion in Park v. Board of Trustees of the California State University, which was argued on the February calendar.

Park raises the issue whether Code of Civil Procedure section 425.16 — the anti-SLAPP statute — authorizes a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an “official proceeding authorized by law” (subd. (e)) but does not seek relief against any participant in that proceeding based on his or her protected communications.

After tomorrow, there is only one more regular filing day — this Monday, May 8 — within the 90-day period for opinions in February calendar cases.  Besides Park, the only undecided case from that calendar is Mendoza v. Nordstrom, Inc., an employment rest hours case on referral from the Ninth Circuit.  Thus, unless the court at the last minute asks for supplemental briefing, which occasionally happens, look for the Mendoza opinion on Monday.

The Park opinion can be viewed tomorrow starting at 10:00 a.m.

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