Section 425

Citation: Section 425
Parent Document: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction: California (state)
Effective Date: 2011-06-27
Original Source: https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

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One need look no further than the language of the anti-SLAPP statute to conclude that Wallace and Owen’s gestalt theory is incorrect. According to subdivision (b)(1) of section 425.16: “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech” is subject to a motion to strike. (Italics added.) From this language, it is clear that we must look at the nature of the specific “act” that allegedly gives rise to the cause of action, not the gestalt or *1190gist of the allegations generally. (See also McDowell, supra, 59 Cal.App.4th at p. 1159 [“cause of action,” as classically defined under the primary right doctrine, consists of a wrongful act that breaches the defendant’s duty and infringes the plaintiffs right].)

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