People ex rel. Strathmann v. Acacia Research Corp.

Introduction

The anti-SLAPP statute, 1 Code of Civil Procedure section 425.16 (section 425.16), authorizes a special motion to strike “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.” (§ 425.16, subd. (b)(1).) Code of Civil Procedure section 425.17, subdivision (b) (section 425.17(b)) creates an exception to the anti-SLAPP statute for any action “brought solely in the public interest or on behalf of the general public” if three conditions set forth in the statute are met. Such a public interest lawsuit is not subject to a special motion to strike under section 425.16.

A qui tarn action 2 is one brought under a statute that allows a private person to sue as a private attorney general to recover damages or penalties, *492 all or part of which will be paid to the government.. (People ex rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 538 [ 132 Cal.Rptr.2d 165 ] (Weitzman).) Under California law, a qui tam action is brought on behalf of the People of the State of…