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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/ ↗

Other Sections in This Document (190)

Full Text

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Thus, while indicating that a “cause of action” targeting protected activity may be struck, the statute allows the plaintiff to avoid that consequence by showing a probability of prevailing on “the claim.” (§425.16, subd. (b)(1), italics added.) To figure out what the plaintiff must do to establish a probability of prevailing on the “claim,” we therefore must decide what “claim” means: is it the same as “cause of action,” or different? And if it is the same, what does “cause of action” mean? We see three alternative reasonable readings of the statute in this regard.