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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Furthermore, while it is often said that the first prong of the anti-SLAPP analysis calls us to ascertain the “gravamen” of the cause of action, for anti-SLAPP purposes this gravamen is defined by the acts on which liability is based, not some philosophical thrust or legal essence of the cause of action. (Haight Ashbury, supra, 184 Cal.App.4th at pp. 1550-1551; see Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232, 1248-1249 [63 Cal.Rptr.3d 398, 163 P.3d 89] (Action Apartment) [gravamen of a cause of action based on a rent ordinance precluding a landlord from maliciously bringing an action to recover possession is the act of filing a legal action]; see also Slovensky v. Friedman (2006) 142 Cal.App.4th 1518, 1535 [49 Cal.Rptr.3d 60] [“ ‘The gravamen ... of a cause of action is determined by the primary right alleged to have been violated, not by the remedy sought.’ ”]; McDowell, supra, 59 Cal.App.4th at p. 1159 [same].)9

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