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/ ↗

Full Text

797 chars

The court in Mann further pointed out that “a defendant has other options to eliminate theories within a cause of action that lack merit or cannot be proven,” such as a motion to strike under section 436 or a motion for summary adjudication. (Mann, supra, 120 Cal.App.4th at p. 106.) The fact that a defendant may have other ways of removing the allegations of protected activity from the case, however, appears beside the point. After all, it was the insufficiency of these other procedural mechanisms that motivated our Legislature to enact the anti-SLAPP statute in the first place. Forcing a defendant to go to the expense, time, and effort to remove the allegations in other ways does not curb the chilling effect on the exercise of free speech and petition rights as intended by the statute.

Other Sections in This Document (190)

Full Text