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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Second, it is also clear and unassailable that the Legislature did not explicitly authorize a trial court to examine or strike allegations that did not target protected activity. Not once in the legislative history do the terms “cause of action,” “claim” or “lawsuit” refer to assertions of liability based on unprotected conduct. We do not know whether this was because the Legislature did not consider the issue, or because it simply did not want the statutory procedure ever to apply to activity the statute was not intended to protect. The bottom line, however, is that the Legislature expressed no grant of authority to the courts to do what the Mann rule would have them do.

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