AB 701

This bill adopts the Uniform Public Expression Protection Act (UPEPA) approved by the Uniform Law Commission in 2020.

The bill allows a person served with a complaint in a civil action to file an expedited special motion to dismiss any cause of action asserted against the person based on the person’s 1) communication in a governmental proceeding; 2) communication on an issue under consideration or review in a governmental proceeding; or 3) exercise of the constitutional right of freedom of speech or of the press, the right to assemble or petition, or the right of association, on a matter of public concern. In general, the court must hold a hearing on a special motion to dismiss within 60 days of its filing and must stay the court proceedings, including discovery, until the court rules on the special motion and the time to appeal this ruling has expired. The court must rule on the special motion not later than 60 days after the hearing, and the appeal period is 14 days from the ruling. In ruling on the motion, the court must consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in a summary judgment proceeding. The court must dismiss with prejudice a cause of action if all of the following apply:

1. The moving party establishes that the cause of action is as described in items 1 to 3 above.

2. The responding party fails to establish the applicability of certain excluded situations, such as the cause of action being brought against a governmental unit or employee acting in an official capacity or against a person whose communication relates to the sale of goods or services.

3. The responding party fails to establish a prima facie case as to each element of the cause of action or the moving party establishes either that the responding party failed to state a cause of action or that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.

A moving party has a right to appeal an order denying a special motion to dismiss. A court must award court costs, reasonable attorney fees, and reasonable litigation expenses related to the special motion as follows: 1) to the moving party if the moving party prevails on the motion, or 2) to the responding party if the responding party prevails on the motion and the motion was frivolous or filed solely with intent to delay the proceeding.