Taking your "called him a jerk" example, let's say John Doe does file a declaration that he personally heard you calling him a convicted criminal. The Special Motion To Strike fails.
Now let's say we get to trial and John Doe never enters that declaration. He would obviously loose. But do I get my attorney fees, which are obviously much much larger now? Or do I have to sue him back or something?
(Yes, this example is tortured beyond reason, but you get the idea.)
Question about the Plaintiff's response.
Taking your "called him a jerk" example, let's say John Doe does file a declaration that he personally heard you calling him a convicted criminal. The Special Motion To Strike fails.
Now let's say we get to trial and John Doe never enters that declaration. He would obviously loose. But do I get my attorney fees, which are obviously much much larger now? Or do I have to sue him back or something?
(Yes, this example is tortured beyond reason, but you get the idea.)