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/ ↗

Full Text

777 chars

When the defendant has made a threshold showing that the plaintiff’s cause of action arises from the defendant’s free speech or petitioning activity, the burden shifts to the plaintiff to establish a probability of prevailing on the claim. (Equilon Enterprises v. Consumer Cause, Inc., supra, 29 Cal.4th at p. 67.) Where the cause of action is based on allegations of unprotected activity as well as allegations of protected activity—as with the first and 13th causes of action here, according to Wallace and Owen—the question arises whether the plaintiff can satisfy this burden by showing it could prevail based on any of the allegations underlying the cause of action, or whether the plaintiff must show it could prevail based on the allegations of protected activity alone.

Other Sections in This Document (190)

Full Text