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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Taken as a whole, it is plain from the words in section 425.16 that its purpose is to scrutinize a plaintiff’s attempt to base liability on the activity identified in subdivision (e) of section 425.16. To protect activity identified in subdivision (e), it would be reasonable to have the court examine whether the plaintiff’s attack on that activity has any inkling of merit. By contrast, it would be unreasonable to purport to protect the activity in subdivision (e) by looking at the merit of activity not mentioned in subdivision (e). The logical inference, then, is that a plaintiff basing liability on both protected activity and unprotected activity should have to establish a probability of prevailing as to his or her attack on the activity the statute was designed to protect— protected activity—nothing more than that, and nothing less.

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