Planned Parenthood Federation of America v. Center for Medical Progress, No. 16-16997 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the denial of defendants' motion to dismiss claims under California's Strategic Lawsuit Against Public Participation (anti-SLAPP) statute, Cal. Civ. Proc. Code 425.16. In this case, Planned Parenthood and others alleged that defendants used fraudulent means to enter their conferences and gain meetings with their staff for the purpose of creating false and misleading videos that were disseminated on the internet. The panel held that the district court did not err by reviewing defendants' motion using a Federal Rule of Civil Procedure 12(b)(6) standard. The district court did not err by denying defendants' anti-SLAPP motion challenging the legal sufficiency of plaintiffs' complaint, and did not err in declining to evaluate the factual sufficiency of the complaint at the pleading stage.
Court Description: Anti-SLAPP Statute The panel affirmed the district court’s denial of a motion to dismiss claims under California’s Strategic Lawsuit Against Public Participation statute, Cal. Civ. Proc. Code § 425.16. Planned Parenthood and other plaintiffs alleged that the defendants used fraudulent means to enter their conferences and gain meetings with their staff for the purpose of creating false and misleading videos that were disseminated on the internet. To succeed on their anti-SLAPP motion, the defendants had to show both that their claims arose from acts to further their First Amendment speech rights and that the plaintiffs had shown no probability of success on their claims. The panel affirmed the district court’s conclusion that the defendants failed to meet the second element. In order to eliminate conflicts between California’s anti- SLAPP law’s procedural provisions and the Federal Rules of Civil Procedure, the panel held that anti-SLAPP motions to strike are reviewed under different standards depending on the motion’s basis. If a defendant makes an anti-SLAPP motion to strike founded on purely legal arguments, then the analysis is made under Fed. R. Civ. P. 8 and 12 standards; if it is a factual challenge, then the motion must be treated as though it were a motion for summary judgment and discovery must be permitted.
The court issued a subsequent related opinion or order on August 1, 2018.
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