Civil Litigation,
California Courts of Appeal
Oct. 17, 2019
A bad case for lawyers
In an anti-SLAPP case, the court inadvertently highlighted one of the linguistic challenges in anti-SLAPP jurisprudence — what exactly is “minimal merit” and why is it not different from a “probability of prevailing at trial” standard?





Timothy D. Reuben
Reuben MediationTim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.
Sometimes the courts just get it wrong, and it certainly appears they did in Abir Cohen Treyzon Salo, LLP v Art Lahiji, 2019 DJDAR 9551 (Oct. 2, 2019). Division 2 of the 2nd District Court of Appeal, with Justice Brian Hoffstadt writing for the court, joined by Justices Elwood Lui and $95
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