Oral argument set in attorney advertising case: Simpson Strong-Tie v. Gore

Last week, the Supreme Court scheduled oral argument in Simpson Strong-Tie Co. v. Gore, no. S164174. The argument will take place on Tuesday, April 6, 2010 at 9:00 a.m. in Los Angeles.  These are the issues on review:

(1) Which party bears the burden of persuasion with respect to the applicability of the anti-SLAPP exemptions set forth in Code of Civil Procedure section 425.17, subdivision (c)? (2) Does Code of Civil Procedure section 425.17, subdivision (c), exempt from anti-SLAPP protection an advertisement by a lawyer soliciting clients for a contemplated lawsuit?

The case is of interest to attorneys practicing in our area because the contemplated lawsuit was a class action and the attorney was seeking class representatives. The Court of Appeal's opinion is Simpson v. Strong-Tie Co. v. Gore, 162 Cal.App.4th 737 (2008), and here is my earlier blog post on the case.