Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)

Citation: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

Full Text

883 chars

At the second step, " '[w]e ... evaluate the defendants' evidence only to determine if it defeats that submitted by the plaintiff as a matter of law.' [Citation.] '[I]n order to establish the requisite probability of prevailing [citation], the plaintiff need only have " 'stated and substantiated a legally sufficient claim.' " [Citation.] "Put another way, the plaintiff 'must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited.' " ' [Citation.] ... That burden [is] not particularly high[.]" ( Area 51 Productions, Inc. v. City of Alameda (2018) 20 Cal.App.5th 581, 602, 229 Cal.Rptr.3d 165 ; see Navellier , supra , 29 Cal.4th at p. 94, 124 Cal.Rptr.2d 530, 52 P.3d 703 ["claims with the requisite minimal merit may proceed"].)

Other Sections in This Document (73)

Full Text