DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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 also expressed concern that a trial court should not have to “engage in the time-consuming task of determining whether the plaintiff can substantiate all theories presented within a single cause of action” and “need not parse the cause of action so as to leave only those portions it has determined have merit.” (Mann, supra, 120 Cal.App.4th at p. 106.) The court’s concern, however, seems misplaced to us. If the plaintiff is required to demonstrate some merit in the part of his count that is based on protected activity, the trial court would not have to determine the merits of “all theories,” but only those premised on protected activity.