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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Two things that the legislative history does make abundantly clear, however, inform our inquiry. First, quite obviously, the Legislature wanted to authorize courts to strike meritless assertions of liability that were based on protected activity. When the legislative history refers to subjecting a cause of action to a special motion to strike, the reference pertains to striking assertions of liability that were based on protected activity. When the legislative history refers to requiring a probability of prevailing on a claim or cause of action, the reference is to requiring a showing of some merit as to the assertions of liability that targeted protected activity.16 Not once does the *1201legislative history state that a court is empowered to let baseless claims targeting protected activity stay in the case.

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