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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A second reasonable reading of the statute would lead to the same result. Section 425.16, subdivision (b)(1) might reasonably be read such that “cause of action” and “claim” mean the same thing, with both terms referring to a plaintiff’s assertion of liability based on activity protected by the statute. In other words, a “cause of action” arising from protected activity does not mean a count that includes protected activity, but the specific charging allegations that are based exclusively on protected activity.15 “[T]he claim” refers back to this same concept. Given these definitions, the statute would effectively provide: allegations of liability arising from protected activity are subject to a motion to strike unless the plaintiff shows a probability of prevailing on those allegations of protected activity. Under this interpretation as well, the plaintiff would have to show some modicum of merit to its assertion of liability that targets protected activity.

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