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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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To analyze legislative history, we must appreciate its context. When the legislators discussed Senate Bill No. 1264 (1991-1992 Reg. Sess.)—the bill that ultimately became section 425.16—the legislators had before them examples of SLAPP lawsuits in which the entirety of the complaint had consisted of a meritless attack on protected activity. (See, e.g., Sen. Com. on Judiciary, Rep. on Sen. Bill No. 1264 (1991-1992 Reg. Sess.) Feb. 25, 1992, p. 4.) There is no evidence that the Legislature explicitly debated how its concerns would be applied to a lawsuit or cause of action that also attacked unprotected activity.