DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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A third reading of the statute would again conclude that “cause of action” and “claim” refer to the same thing, but this time in the sense that “the claim” refers back to the subdivision’s reference to a “cause of action” as a count (everything the plaintiff alleged in what it termed, e.g., its “thirteenth cause of action”). In effect, the subdivision would provide that a cause of action (count) arising from protected activity is subject to a motion to strike unless *1199the plaintiff shows a probability of prevailing on the cause of action (count) arising from protected activity.