Geiser

Opinion of the Court by Liu, J.

The Legislature enacted Code of Civil Procedure section 425.16 to combat “a disturbing increase” in Strategic Lawsuits Against Public Participation (SLAPPs): “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., § 425.16, subd. (a); all undesignated statutory references are to this Code.) In FilmOn.com Inc v. DoubleVerify Inc. (2019) 7 Cal.5th 133, 143 (FilmOn), we observed that “[i]n the paradigmatic SLAPP suit, a well-funded developer limits free expression by imposing litigation costs on citizens who protest, write letters, and distribute flyers in opposition to a local project.” (See Assem. Com. on Judiciary, Analysis of Sen. Bill No. 1296 (1997–1998 Reg. Sess.) as amended June 23, 1997, pp. 2–3.) As the Assembly Committee on Judiciary observed, approximately 25 percent of SLAPP suits “relate to development and zoning . . . .” (Assem. Com. on Judiciary, Analysis of Sen. Bill. No. 1296, supra, as amended June 23, 1997, at p. 3.) The committee recognized that “such lawsuits are often pernicious, masquerading as standard defamation…