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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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The court in Mann concluded a plaintiff can establish that its cause of action has merit if it shows a probability of prevailing on “any part of its claim.” (Mann, supra, 120 Cal.App.4th at p. 106, italics added.) That is not, however, the language of the statute. Subdivision (b)(1) of section 425.16 expressly requires the plaintiff to show a probability of prevailing not on “any part of its claim” (Mann, at p. 106), but on “the claim” (§ 425.16, subd. (b)(1)).