LEGAL MEMOS

Six4Three, LLC v. Facebook, Inc. (2025) 109 Cal.App.5th 635. This is a SLAPP case. The Plaintiff sued Facebook claiming that it had engaged in a “bait and switch” by initially allowing application developers access to the platform’s data, but later restricting that access. The initial Complaint had multiple causes of action which was met by Defendant’s SLAPP motion. The trial court granted the motion, and the Court of Appeal affirmed finding that the trial court did not abuse this discretion in considering Defendant’s untimely SLAPP motion, which had been considered after the trial court had granted individual Defendant’s timely SLAPP motions based on essentially the same allegations and same causes of action. The decision of the trial court to consider the SLAPP motion served both judicial economy and public policy. The developer failed to meet its burden of proof to show that its claims arose from representations of fact about the platform’s business operation or services and that the developer also failed in its burden to show a probability of prevailing on its claims.

/ilc