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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Requiring the plaintiff to show a probability of prevailing on the part of his or her causes of action that targets protected activity would dissuade plaintiffs from asserting meritless claims based on protected activity and chilling the free exercise of First Amendment rights of free speech and petition. This is a good thing. In fact, it comports with a legislative desire expressed in the statute: “The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.” (§ 425.16, subd. (a), italics added; see Taus, supra, 40 Cal.4th at pp. 742-743 [“the fundamental purpose of the anti-SLAPP statute [is] to minimize the chilling of conduct undertaken in furtherance of the constitutional right of free speech”].)

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