In a seemingly paradoxical ruling, a state known for its broad wildlife classifications recently delivered a judgment that’s raising eyebrows among legal experts. In the state where crabs, clams, and even bumblebees categorically fall under “fish”, an interesting legal determination took place in the case of BioCorRx, Inc. v. VDM Biochemicals, Inc., Case No. G061535 dated October 23, 2023.
The case threw light on an important consideration within California’s anti-SLAPP (strategic lawsuit against public participation) statute. For the uninitiated, anti-SLAPP laws are designed to prevent lawsuits that are filed primarily to silence or intimidate critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
In the BioCorRx Inc. v. VDM Biochemicals Inc. case, a particular point of contention was the “commercial speech” exception to the state’s anti-SLAPP statute, formally listed under Cal. Code Civ. Proc. § 425.17.
This exception – known for its complex compliance conditions – has a unique first requirement. It states that a ’cause of action is against a person primarily…’. The interpretation of “primarily” in this criteria proved to be a crucial element in the aforementioned case’s ruling.
The distinctive ruling adds another layer of intrigue to the application and interpretation of the already intricate California anti-SLAPP law. It serves as a reminder that language in legal texts can be a labyrinth, infusing them with multiple layers of subtlety, complexity, and nuance. The careful articulation of this interpretation by Allen Matkins (involved in the case) paints a clear picture of the situation.
Legal professionals around the world, especially those dealing with commercial speech laws and anti-SLAPP statutes, should watch such complexities for help in their own geographical contexts. The BioCorRx, Inc. v. VDM Biochemicals, Inc., case adds a new precedent to watch in the ever-evolving field of commercial speech law, and demonstrates that in some cases, “primarily” might mean just a small fraction of the total cause.