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← 217 CALAPP4TH 1283 - Malin v. Singer

Malin v. Singer’s Empirical Analysis

2013

Citation profile

14
cited by 14 later decisions
3
states following
April 2018
most recently cited

12 state decisions

Relationships

Applies 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986)

Relies on 20 Cal. 3d 25 - Serrano v. Priest · 50 Cal. 3d 205 - Silberg v. Anderson · 19 Cal. 4th 1106 - Briggs v. Eden Council for Hope & Opportunity · 29 Cal. 4th 69 - City of Cotati v. Cashman · 24 Cal. 4th 1122 - Ketchum v. Moses

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Arazm and Singer fail to meet their threshold burden of showing that Malin’s civil rights claim is based on an act that constitutes protected activity within the meaning of the statute. In an attempt to do so, they urge the gravamen of Malin’s cause of action arises from acts in furtherance of their right to conduct prelitigation investigation. They are incorrect. The acts underlying Malin’s civil rights and related emotional distress causes of action are computer hacking and wiretapping. Those acts do not fit one of the categories of protected conduct defined by the Legislature in [the anti-SLAPP statute], and Arazm and Singer do not contend otherwise. As a result, they are not entitled to relief under the anti-SLAPP statute.”
    1 later decision quote this exact passage
  2. “[A] prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to [Code of Civil Procedure] [s]ection 128.5.”
    1 later decision quote this exact passage
  3. “(1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding^]”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.